NARANJAN SINGH Vs. KARTAR SINGH AND ORS.

JUDGEMENT

(1.) SHORT question involved in this civil revision is as to what amount of court fee is leviable on the memorandum of plaint.

(2.) PLAINTIFF filed suit for declaration, possession and damages/mesne profits. In regard to the claim of mesne profits, he stated value for the purpose of court fee as Rs. 200/ - and paid the court fee thereon. Defendant filed an application for issuance of a direction to the plaintiff to affix proper court fee on the memo or plaint. Upon contest, trial Court directed the plaintiff to determine the value of mesne profits for the last three years preceding the institution of the suit and pay court fee accordingly. Hence this civil revision.

(3.) ON the other hand, learned counsel for the defendant stated that in view of Order VI Rule 2 of the Code of Civil Procedure, plaintiff has to assess approximate amount of mesne profits which he put in his claim and pay court fee thereon. In this regard, he placed reliance on Gopala Krishna Filial v. Meenakshi Ayal, .