NARAYANA IYER Vs. KRISHNAN POTTI

JUDGEMENT

(1.) Plaintiff in the suit which has given rise to this civil revision petition had executed three promissory notes in favour of the defendant - one for Rs.3,000, another for Rs.10,000, and the third for Rs. 6,000. The second promissory note for Rs. 10,000 was executed partly in renewal of the first promissory note for Rs.3,000 and partly for additional consideration. Thus, a sum of Rs.16,000 and interest thereon were due to the defendant under the three promissory notes. Alleging that he had discharged the claim under these promissory notes and that, on a proper settlement of accounts of certain other transactions between him and the defendant, a sum of Rs. 8,000 would be found due to him, the plaintiff brought the suit for recovery of Rs. 8,000 and such other sums as might be found due to him on settlement of accounts and for a declaration that the three promissory notes had been discharged. The relief in respect of the declaration that the three promissory notes had been discharged was valued at Rs. 10 and the relief in respect of the settlement of accounts also was valued for a like amount. Plaintiff paid court fee as per these valuations. The defendant contended that the court fee paid was insufficient But the lower court held that the court fee paid was sufficient; and so the defendant has filed this civil revision petition.

(2.) The learned Government Pleader appearing on behalf of the Advocate General, to whom also notice was issued on the petition, supported the defendants contention.

(3.) Since, according to the plaintiff, the amount due to him as per the settlement of accounts is Rs. 8,000 or more he has to value the suit not at Rs. 10 but at Rs. 8,000; and he has to pay court fee in respect of that relief on that valuation.