HYDERABAD ROLLER FLOUR MILL CO LTD Vs. VALLABHDASS

JUDGEMENT

(1.) The Office has taken an objection that the Court-fee paid in this appeal is deficit in a sum of Rs. 1,492-7-0 O.S.

(2.) The appeal is preferred by the first defendant against the Judgment and Decree of the Additional Chief Judge, City Civil Court, Hyderabad, in O.S. No. 153 of 1958- by which the plaintiff in the suit was granted a decree for O.S. Rs. 30,390-10-0-against the first defendant with proportionate costs. The plaintiff sued for recovery of O.S. Rs. 35,584-15-0 as damages on account of an alleged breach of an agreement by the first defendant. The first defendant pleaded in his written statement that the plaintiff was not entitled to any of the reliefs prayed for and further pleaded in paragraph 12 of his written statement which we may appropriately set out here :

(3.) The first defendant paid Court-fee on this amount. The Additional Chief Judge rejected this counter claim and decreed the plaintiff's claim for money in part. The first defendant has preferred the appeal against the dismissal of his counter claim for O.S. Rs. 88,076-6-6. He valued the appeal for the amount of the counter claim dismissed and filed the appeal. He has not paid the Court-fee on the amount of claim decreed in favour of the plaintiff. It is under these circumstances that the Office has pointed out that Court-fee is payable in respect of the sum decreed to the plaintiff and that additional Court-fee is therefore payable as the first defendant seeks to get that decree against him vacated.