ANAND PRAKASH GARG Vs. MADAN MOHAN GARG

JUDGEMENT

(1.) This appeal is directed against the judgment passed by the learned single Judge on 27-7-1999 whereby the learned single Judge has held that the appellant was liable to pay ad valorem court-fee on the relief claimed by him which he has not disclosed in his appeal. Therefore, three weeks time was given to appellant to disclose the difference of amount which he claims to be enhanced by way of filing the present appeal and disclose valuation of appeal on which the ad valorem court-fee is payable. Thereafter, the office was to calculate ad valorem court-fee on the difference amount claimed by the appellant in the present appeal treating it the valuation of the appeal to be paid by the appellant.

(2.) The case of the appellant is that he is entitled to prefer this appeal on a fixed court-fee of Rs. 200/- as was paid by him in the suit filed by him in the trial Court in terms of Section 15 of the Rajasthan Court-fees Act.

(3.) The facts of the case are that the appellant filed the suit for partition and separate possession of joint family property claiming himself in joint possession of such property. Since, the plaintiff has valued his share in the property in excess of Rs. 10,000/-, he paid Rs. 200/- as court-fees in terms of sub-section (2) of Section 35 of the Rajasthan Court-fees and Suit Valuation Act, 1961.