ALLADI SADASIVAM Vs. NANDULA PANKALA NARASIMHAM

JUDGEMENT

(1.) This revision petition is filed against the order of the Principal District Munsiff, Vijayawada, passed in O.S. 785 of 1975 dated 18-10-1975 holding that the court fee paid by the plaintiff on the l/4th of the market value of the promissory notes is correct under Section 23 (2) (a) of the Andhra Court Fees and Suits Valuation Act.

(2.) The learned counsel for the petitioner mainly contended that i view of the decision of this court in Ramachandraiah V. Lakshmidevamma (1) (1965 (1) An. W.R. 138) it is necessary that the court-fee is to be paid on the market value of the promissory note itself but not on the l/4th of the value of the promissory note. In that decision even the correctness of the decision of the Madras High Court in Venkat Rao V. Sesharatamma (2) (A.I.R. 1934 Madras 730) was also not decided.

(3.) It caa be noted that in Ramachandraiah V. Lakshmidevamma's these is no discussion with regard to Section 23 (2) (a), of the Andhra Court Fees Act. That Section reads as under:-