STATE OF M.P. Vs. NARAYAN PRASAD

JUDGEMENT

(1.) THIS revision is directed against an order passed by the Civil Judge, First Class, Rajgarh, directing the Defendant State to pay ad valorem court -fee on the whole amount of 'set -off'.

(2.) THE Respondent's suit is that a certain building contract at Biaora was given to him by the former Government of Madhya Bharat. He was entitled to a final payment of Rs. 25,403.69 but on March 31, 1959, he was paid only Rs. 20,000, while the balance of Rs. 5,403.69 remained unpaid in spite of notice.

(3.) THE trial Judge held that this was not a fit case for granting permission to the Defendant State as prayed by it and that it was liable to pay court -fee on the "whole amount of set -off", i, e. Rs. 10,241.