P DHANAMMA Vs. M SIVA RAM PRASAD

JUDGEMENT

(1.) This appeal is filed against the order of a learned single Judge, upholding the office objection, that the cross-objectors should pay the court-fee on the same value given in the plaint, with respect to the relief of rendering of accounts. The decree of the trial court will disclose that, among other reliefs granted to the plaintiff with respect to accounting, the following relief is granted: "That defendants 2 and 3 be and hereby are directed to render true and correct account of Sriramulu's account in the partnership firm, M/s. Motupalli Sreeramulu until 15-12-79 and do pay half of the said amount to the plaintiff with interest at 12% per annum from 15-12-1979."

(2.) The plaintiff, in the plaint, valued the relief of settlement of accounts at Rs.55,000/- and paid a court-fee of Rs.2546/- under Section 33 of the Andhra Pradesh Court-Fees and Suits Valuation Act, 1956 (hereinafter called 'the Act'). Aggrieved by the judgment and decree, plaintiff filed appeal, A.S. (SR) 52607 of 1990. Since the rendering of account by the defendant was limited to the period upto 15-12-1979 only, and rejected with respect to the remaining period claimed by the plaintiff, plaintiff valued that part of the claim denied to him at Rs.10,500/- and paid court-fee of Rs.300/- under Section 47 of the Act read with Explanation 4 to Section 49, in the appeal.

(3.) The cross-objectors filed cross-objections, aggrieved by that part of the decree granted against them, for accounting till 15-12-1979. They, have also valued the subject-matter of cross-objections atRs.10,500/- and paid a court-fee of Rs.300/-.