1980 Supreme(MP) 125

R. K. Vijayawargiya, J.
Bhaiyaji v. Dagadusa.
Cr. Revn. No. 950 of 1979 (I): Decided on 10-7-1980.

Headnote:Court-fees Act, 1870-S. 7 (iv) (c)d`relief claimed to avoid liability under a money decree-suit valued for Rs.300/- as one for permanent injunction-valuation is arbitrary.

       The facts giving rise to this revision may briefly be stated as follows:

       The non-applicant obtained five decrees in different suits against the applicants. The total amount of the decrees was more "than Rs.44,000. According to the applicants the non-applicants executed a Chithi on 6-7-76 relinquishing the decretal amount. However when the non-applicant initiated execution proceedings of the decrees the applicants filed the present suit for permanent injunction restraining the non-applicant from executing his decrees. The applicants valued the suit at Rs.300/- for permanent injunction and paid Court fees accordingly. The trial Court ordered return of the plaint for presentation to the proper Court on the ground that as the applicants wanted to avoid their liability to the extent of more than Rs.44,000 they should value the suit for purposes of jurisdiction accordingly. The applicants preferred appeal against the order of the trial Court which also failed. The applicants have challenged the order of the Court-below in this revision.

       Held : Having heard learned counsel for the parties I am of the opinion that this revision deserves to be dismissed. Admittedly, the applicants wanted to avoid their liability in respect of decrees, the total amount of which exceed Rs.44,000. In the circumstances the valuation put by the applicants is arbitrary and grossly inadequate and it cannot be said that the Court below committed an error in holding that the plaint was insufficiently valued by the applicants. In the circumstances there is no ground for interfering with .the order passed by the Court below in this revision.

       As a result of the discussion aforesaid this revision fails and is dismissed with costs. Revision dismissed.