JAGANNATH Vs. KUNDAN MAL

JUDGEMENT

(1.) THIS case has come before us on the report of the Stamp Reporter.

(2.) JAGARMATH, who was defendant in the lower court, has filed an appeal in this court on 1-8-1956, against the judgment and preliminary decree under Order 20, rule 15 C. P. C. of the District Judge, Jaipur District, dated 6-6-56, for dissolution cf the partnership business with effect from Kartik Budi Amavas Smt. Year 2010 fixing the share of the plaintiffs at 9 annas in a rupee and that of the defendant, Rudmal, at 7 annas in a rupee and also directing the accounts of the partnership to be taken. The defendant-appellant valued his memorandum of appeal at Rs. 500/- and paid a fixed fee of Rs. 37/8/- on it. The plaintiffs in the lower court paid an amount of Rs. 1225/- as court-fee on their suit. The Stamp Reporter has noted in his report that the defendant-appellant was bound by the valuation put by the plaintiffs in the suit and was liable to pay court-fee on it. According to him the court-fee paid by the appellant is deficient. The appellant has pleaded that he is not bound by the valuation put by the plaintiffs in the suit in an arbitrary manner and that he is entitled to put his own valuation on the memorandum of appeal, and that there is no provision in the Court-fees Act requiring him to pay court-fee on the amount of the valuation of the suit put by the plaintiffs in the lower court.

(3.) AS the matter related to Government revenues notice was given to the government Advocate who appeared before the court and supported the report of the Stamp Reporter.