HARI NARAIN Vs. WILLIAMS

JUDGEMENT

(1.) THIS is a revision application under Section 115 of the Code of Civil Procedure against the finding dated 8-7-1972 given by the learned First Additional Civil Judge, Dehradun on issue No. 9 relating to payment of court-fee.

(2.) BRIEFLY stated, the facts giving rise to this revision application are that the plaintiffs opposite parties Nos. 1 and 2 are the owners of property bearing municipal No. 194, Rajpur Road, Dehradun. The defendant No. 1 agreed to purchase this property for a sum of Rs. one lac. Out of the said amount, a sum of Rs. 41,000 remained unpaid. Therefore, the plaintiffs filed a suit for the recovery of Rs 41,800 with interest pendente lite and future. The suit was valued at Rs. 41,800 and a sum of Rs. 3,557.50, was paid as court-fee thereon. Later on the plaintiffs got their plaint amended and in the alternative claimed possession over the property in suit. The defendant contested the suit inter alia on the ground that the court-fee paid was insufficient. Issues were framed on 24-3-1971 and issue No. 9 read as follows:-

(3.) I have examined the whole position and there can be no manner of doubt that the valuation is to be made on the basis of the allegations made in the plaint and not on the basis of assertions made in the written statement. The question however, for consideration is whether in a case of this nature, the defendant is entitled to file a revision, if so when? This question at first came up for consideration in the case of 'Abdul Ghani v. Vishunath', 1957 All LJ 105 = (AIR 1957 Pat 337) in which a Division Bench of this Court observed:-