BRINDALAL Vs. GOKAL AND HAFLMAN LTD

JUDGEMENT

(1.) The point for consideration concerns court-fees. This plaint was presented to the Prothonotary of this Court. the plaint has been made out on papers which bear court-fee stamps of the aggregate value of Rs. 2,360/-. These court-fee stamps bear the imprint thereon "Delhi". This plaint was originally filed in the Court of the Senior Subordinate Judge, Delhi, and after certain proceedings in Delhi the same was returned to the plaintiffs for being presented to the proper Court on the ground that that Court had no jurisdiction to entertain and try the suit. Under those circumstances this plaint was thereafter presented in the office of the Prothonotary and the office raised a contention that the plaint could not be accepted and filed in this Court unless proper court-fee had been paid to the office which payment would be made to the office on behalf of the State of Bombay. The only question for determination, therefore , is whether, even on the assumption that the amount of the court-fees paid by way of court-fee stamps to the Delhi Court was the proper amount, such payment is a sufficient compliance with the requirements of the Court-fees Act, 1870. As this point concerned the revenues of the State of Bombay, I desired that notice should be given to the State of Bombay. Such notice should be given and the Advocate General has appeared and argued on behalf of the State of Bombay and Miss shamdasani has appeared and aruged on behalf of the plaintiffs.

(2.) The relevant provisions are contained in the court-fees Act, 1870, section 6 provides.

(3.) Originally the court fees Act was an Act of the Central Government and therefore, the court fee was payable to the Central Government. If there was any provision in any Act which was in force into operation which required or authorised that court fee should be paid otherwise than to the central government then of course coure fee could have been paid in accordance with the provisions of such Act, I am however, not concerned with the position that prevailed before the government of India Act, 1935 came into opertion. The government of India Act. 1935 or at least the provisions thereof which are material to this case came into operation in 1937 and it is sufficient for me to consider what was the position that ensued thereupon.