Little'S Oriental Balm Ant Pharmaceutical Ltd. V. Saibo, P.P.

1938 Present: Hearne and Keuneman JJ.

LITTLE'S ORIENTAL BALM AND PHARMACEUTICAL, LTD. v. P. P. SAIBO.

111-D. C. Colombo, 6,217.

Stamping of pleadings-Value of action in plaint and damages agreed upon- Defendant's counterclaim-Value for purposes of stamp duty-No formal amendment of pleadings.

Where the plaintiff in an action for the infringement of a trade mark and for an injunction valued his claim at Rs. 1,000 and the defendant counterclaimed a sum of Rs. 30,000 as damages for the wrongful issue of the injunction, and where the parties agreed at the trial that the damages either party would be entitled to claim in the event of success should be Rs. 6,000,-

Held, that to ascertain the value of plaintiff's action for purposes of stamping, the value of his claim in the plaint, and the value of the damages agreed upon must be aggregated.

Held, further, that the agreement formally recorded would be binding for the purpose of stamping although there was no formal amendment of pleadings.
 
Sinappoo v. Theivanai (39 N. L. R. 121) followed.

CASE referred to the Supreme Court by the Registrar on a qu

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