MANY AND CO LTD Vs. GEORGE

JUDGEMENT

(1.) The suit was for setting aside a claim order passed in execution and for other incidental reliefs. The plaintiff paid court fee on the market value of the property though the defendant objected that the court fee paid was excessive. The suit was decreed and in appeal the defendant paid Rs. 10/- as court fee under Schedule II Art.8 (3) of the Court fees Act. The court ordered him to pay ad valorem Court fee. The revision is against that order.

(2.) The suit was one filed under O.21 R.63 of the Civil Procedure Code and the court fee payable is only Rs. 10/- under Schedule II Art.8 (3). The other reliefs are either superfluous or such as would necessarily follow on the main prayer being allowed. The court fee paid is proper (vide 9 TLJ. 316, AIR 1933 Mad. 439 and ILR 35 Calcutta 202). This revision petition is allowed and the order for payment of excess court fee is set aside.