FAREDOON MANECKJI DALAL Vs. PHIROZE BOMANJI JAVERI

JUDGEMENT

(1.) THIS matter has been placed before me on a reference made by the Taxing Master. Briefly, the facts leading to the reference are as follows : the plaintiff had filed a suit against the defendant claiming following reliefs :

(2.) IN para 12 of the plaint, the plaintiff had valued the said suit for the purpose of payment of Court fees as follows : he plaintiff values the suit for the purpose of Court fees and jurisdiction at Rs. 54,500/- which is made upon as under :

(3.) BY a judgment and decree dated August 12, 1994, I. G. Shah, J. , decreed the suit in terms of prayer Clauses (a), (b) and (c ). Thereafter, the plaintiff filed a draft of drawn-up decree in the office for settling the same. In a meeting, which was held before the Taxing Master, it was pointed out to the plaintiff that he is required to pay additional fees on the aggregate amount of mesne profit till the date of the judgment. The plaintiff, however, disputed his liability and, therefore, the Taxing Master has made this reference before this Court.