STATE OF GUJARAT Vs. PATEL PARSHOTTAMBHAI KUKABHAI

JUDGEMENT

(1.) These petitions are filed by the State of Gujarat through the Inspecting Officer, Court-Fees, Bhavnagar, against the judgment and order dated 28/09/1990 passed by the Civil Judge (J.D.) Savarkundla in Court-Fee Reference No. 1 of 1989 and others. It is the contention of the petitioner that on the suits filed against the Gujarat Electricity Board and its officers by various plaintiffs (opponent No. 1 in each of these revision applications) they have not paid proper Court-fees. It was pointed out that the suits were filed by affixing fixed Court-fee stamp of Rs. 30.00 as provided under Sec. 6(4)(j) of the Bombay Court-fees Act, 1959 and not on ad valorem basis. Those Court-fee References were rejected by the learned Judge after appreciating the contents of the plaint. He arrived at the conclusion that at no point of time the plaintiffs expressly or impliedly have prayed that the defendants were not entitled to disconnect the electric connection on the ground that they have failed to pay the electricity bills issued by the Gujarat Electricity Board.

(2.) At the time of hearing of these petitions, it was contended by the petitioner that the learned Judge ought to have considered the reliefs sought for by the plaintiffs as it clearly indicated that the plaintiffs were required to pay electricity bills and that bills were for specified amounts and, therefore, the relief sought for in the plaints was required to be considered for the purpose of affixing proper Court-fees.

(3.) As against this, Mr. Parikh, learned Advocate appearing on behalf of the opponent (original plaintiff) vehemently submitted that the order passed by the learned Judge is just and legal and after appreciating the contents of the plaint.