KALIDAS ALIAS UTTAMRAM NAGINDAS Vs. BALABHAI MOTIRAM

JUDGEMENT

(1.) THE suit to which this application relates was a suit for partition of the share of the property and for accounts and the court-fee was paid on Rs. 29 0 and odd. When the suit was pending the matter was compromised and the final decree was passed. In the compromise it is stated that Rs. 19 999 had already been paid to the plaintiff. THE lower Court stated that the suit was valued for the purpose of accounts at Rs. 200.00 only and that Rs. 19 999 had been paid the court fee should be paid on that amount and passed an order for payment of deficit court-fees. This order is clearly wrong because the words amount found due on delivery of judgment used in sec. 13(1) of the Bombay Court Fees Act 1959 do not apply to an amount paid before the delivery of the judgment and not stated in the judgment to be due

(2.) THE order passed by the Court is therefore set aside and the Revision Application is allowed. Application allowed.