NATHURAM KASHIRAM Vs. STATE GOVERNMENT OF MADHYA PRADESH

JUDGEMENT

(1.) THIS is a revision petition by the plaintiff against the finding recorded by the court of 1st Civil Judge, Harda, in civil suit No. 15-B of 1958 whereby the plaintiff was ordered to pay ad valorem court-fees or Rs. 9075/ -. The plaintiff-applicant challenges, the finding in this revision petition.

(2.) THE order in this civil revision will also govern the disposal of civil revision No. 41 of 1959 which arises out of a similar suit but involving an amount of Rs. 6300/only and relating to separate surety bond.

(3.) THE plaintiff had stood surety for one jagatram who had taken certain forest contract from the defendant State. The said contractor having committed defaults in observing the terms and conditions of the forest, lease the State Government proceeded to recover Rs. 9075/- from the plaintiff-surety. The plaintiff filed a suit against the State Government challenging the right of the State Government to recover the amount from him. His contention was that as the State Government had allowed the contractor to commit breaches of the contract he was discharged from suretyship. The relief that he had claimed in the suit, was a declaration that he was not liable to the State Government, and for issue of an injunction restraining the State Government from recovering the amount. The learned Judge of the lower Court found that the claim in suit Was governed by Section 7 (4) (c)of the Court-fees Act and hence ad valorem court-fee on Rs. 9075/- was liable to be paid. This revision petition, in my opinion can be disposed of on only one point. The plaintiff himself in para 9 of his plaint has valued the claim at Rs. 9075/-and he had not specified whether that valuation was only for purposes of jurisdiction. In the said paragraph the plaintiff has not separately valued the claim for purposes of court-fee and jurisdiction. The para as worded, therefore, would Indicate "that the claim both for purposes of court-fee and jurisdiction was valued at Rs. 9075/. " hence on the -plaintiff's own valuation the plaintiff would be liable to pay ad valorem court-fee on Rs. 9075/ -.