DEEPAK U. HARIDAS Vs. U. HARIDAS AND OTHERS

JUDGEMENT

(1.) The plaintiff in a suit for partition, is the petitioner. Whether court fee is to be paid under Section 37(1) or Section 37(2) of the Kerala Court Fees and Suits Valuation Act, is the question that arises for determination. As per the impugned order the court below has held that court fee needs to be paid under Section 37(1) and has called upon the plaintiff to make up the deficit court fee.

(2.) As pointed out by the learned counsel for the petitioner, primarily it is the averments in the plaint that has to be looked into for the purpose of determination of court fees. There could not be any dispute to the legal proposition as propounded by the learned counsel, in the said regard. While considering the averments in the plaint, the following portions in certain paragraphs are significant. In para 5 of the plaint it is stated thus: