NOOR MOHAMMED Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS revision by the plaintiff is against the trial court's order requiring the plaintiff to pay court fees on an amount in excess of the amount of Rs. 12,000/ - which is the tentative valuation made in the plaint for the purpose of payment of court fee.

(2.) THE suit is for rendition of accounts and it arises out of a building contract which was given to the plaintiff by the State Government. According to the plaintiff, the final bill has not yet been prepared and the accounting which was required to be made by the defendant State has also not been done in respect of such a demand made by the plaintiff. The plaintiff has, therefore, sought the relief of rendition of accounts and mentioned the tentative valuation for the purpose of court fee at Rs. 12000/ -. The plaintiff has also specifically stated in the plaint that for the amount, if any, in excess thereof which is found payable to the plaintiff, the plaintiff would pay the court fee, before any decree is passed in the plaintiff's favour. Such a suit falls squarely within the ambit of Section 33 of the Rajasthan Court Fee and Suits Valuation Act, 1961. According to Sub -section (1) of Section 33 in such a suit for accounts the fee shall be computed on the amount sued for as estimated in the plaint. This admittedly was done. Sub -section (2) then provides that where the amount payable to the plaintiff as ascertained in the suit exceeds the estimated amount shown in the plaint, no decree directing payment of the ascertained amount shall be passed, until the difference between the fee actually paid and the fee that would have been payable had the suit comprised the whole of the amount so ascertained, is paid by the plaintiff.' It is unnecessary to refer to Sub -Section (2) and (4) of Section 33 which deal with the other consequences which are not material at this stage. It is, therefore, clear that no direction at this stage could have been given by the trial court at the commencement of the trial of the suit itself, requiring the plaintiff to pay the court fee on an amount exceeding the estimated amount due to the plaintiff which is shown in the plaint.