JUDGMENT

Petitioners are the plaintiffs and respondents the defendants in O.S. 2644 of 2003 on the file of Munsiff Court, Thrissur. This petition is filed under Article 227 of Constitution of India challenging Ext.P2 order passed by learned Munsiff directing petitioners to pay Court fee after proper valuation, finding that valuation of the claim for declaration at Rs.1000/-

and payment of Court fee on that basis is not sustainable.

2. Learned counsel appearing for petitioners and fifth respondent were heard.

3. Learned counsel argued that petitioners are not liable to discharge the liability of the partnership firm after they retired from the firm and suit was instituted seeking a decree for declaration and injunction. It was argued that when petitioners have retired from the firm seven years earlier to the institution of the suit, they are not aware of the liability of the firm after retirement and therefore they cannot quantify the liability of the firm and therefore payment of Court fee under sub clause (ii) of WPC27111/07 2 clause (d) of Section 25 of Kerala Court Fees and Suits Valuation Act is perfectly correct and Ext.P2 order is to be quashed.

4. On hearing learned counsel and g