JAIDEV SETHI Vs. MAHARAJ KRISHAN SETHI

JUDGEMENT

(1.) This civil revision by the plaintiff is directed against the order of the second Additional District Judge, Jammu dated 29th May, 2004 in civil suit No. 46 of 2001 directing him to pay deficit court-fee on the amount of Rs. 1,47,771,71 as directed by order dated 26th September, 2003. By the said order similar direction had been issued to the plaintiff to pay deficit court- fee.

(2.) The petitioner has paid a fixed court- fee of Rs. 25 which according to him is sufficient in view of the relief sought by him. The question for consideration is whether he is liable to pay ad valorem court-fee on the amount or the court-fee of Rs. 25 - paid as axed court-fee is sufficient ?

(3.) Before referring to the case of the plain tiff which basically would determine his liability to pay ad valorem court-fee or fixed court fee, it would be appropriate to refer to the relevant provisions of the Jammu and Kashmir Court-fees Act, 1977 (1920 AD) :