KRISHNAN NAMBOOTHIRI Vs. PARAMESWARA MENON

JUDGEMENT

(1.) THE question for decision relates to the court fee payable on the plaint. THE plaintiff is the revision petitioner.

(2.) THE prayers in the plaint were (1) for a declaration that a promissory note for Rs. 6677/- executed by the plaintiff in favour of the first defendant and another in favour of the 2nd defendant for Rs. 4100/-were invalid and unenforceable, for cancellation of the same and for directing the defendants to return the same to the plaintiff, and (2) to restrain the defendants by an injunction from enforcing or assigning the promissory notes. THEre was an alternative prayer that in case the above reliefs could not be allowed, he should be allowed to recover a sum of Rs. 7715. 33. THE first relief was valued at Rs. 6000/- and the alternative relief at Rs. 7715/. THE relief for injunction was valued at Rs. 100/ -. Court fee was paid on the sum of Rs. 7715/ -. THE specific provision of the Court Fees Act under which court fee was paid was not mentioned in the plaint. According to the plaintiff, court fee on the first relief is leviable under S. 3 (4) (f) of the Travancore-Cochin Act - to obtain a declaratory decree or order where consequential relief is prayed for - for which court fee is payable on the amount at which the relief is valued in the plaint. THE court below found that the section applicable was not S. 3 (4) (f) but S. 3 (3) which provides that in suits for moveable property other than money where the subject matter has a market value, court fee is payable according to such value.

(3.) IT follows from what I have stated above that the first relief has to be valued on the basis of the principal and interest due under the two promissory notes on the date of suit.