BACHNI DEVI Vs. TEJ RAM AND ORS.

JUDGEMENT

(1.) THIS revision is directed against the order of the Sub Judge Jagadhri dated March 25th, 1991 by which the Sub Judge has held that the Plaintiff was liable to pay Court fee on the amount of Rs. 10,000 -. In the plaint, it has been clearly stated by the Plaintiff -revisionist that near about Rs. 10,000/ - would be found due to her after accounting. In Shri Banarsi Lal v. Shri Krishan Chand, 1990 (1) P.L.R. 439, it has been clearly held that though it is not possible in a suit for rendition of accounts and dissolution of partnership for the Plaintiff to estimate correctly the amount to which he is entitled to, yet it is necessary that the amount at which value of the relief is sought should be a reasonable estimate. It was further held that if the Court on the material available, is satisfied that the suit has been undervalued by the Plaintiff the plaint is liable to be rejected.

(2.) IN the instant case, in the plaint it has been categorically stated that nearabout Rs. 10,000/ - would be due to accounting to the Plaintiff. The Plaintiff has valued the suit only at Rs. 200/ -. This cannot be done. The principle laid down in the case of Shri Banarsi Lal (supra) fully applies to the present case. The view taken by the trial Court is correct. There is no force in this revision and the same is accordingly dismissed. The stay order passed by this Court on 8th April, 1991 is hereby vacated. The parties are directed to bear their own costs.