HARI KISHAN GOEL Vs. JOONIX INDIA

JUDGEMENT

(1.) THIS petition assails the orders dated 13.9.2010 (Annexure P - 1) and 30.11.2010 (Annexure P - 3) passed by Additional District Judge, Faridabad directing the petitioner to file the court fee on the memorandum of appeal, as determined by the Civil Judge (Jr.Divn.), Faridabad.

(2.) IN nutshell, the facts are that the petitioner filed a suit for dissolution of a firm as well as rendition of accounts and evaluated the suit @ Rs.10,000/- and it was stated that the additional court fee would be paid at the time of determination of the amount. Thereafter, the respondents filed an application under Order VII R.11 of the Code of Civil Procedure, 1908, with a request to direct the petitioner to pay the ad valorem court fee. Civil Revision No.8264 of 2010(O&M) [ 2 ] At this, the Trial Court directed the petitioner to pay the court fee on the amount of Rs.19 lacs. Aggrieved by the aforesaid order, the petitioner preferred Civil Revision No.1291 of 2008, wherein, this High Court on 9.4.2008 passed the following order: -

(3.) NOW , coming to the provisions of payment of court fee for rendition of accounts of firms, I need to consider S.7(iv)(f) of the Court Fees Act, 1870 relating to the said class of suits, which reads as under: -