BAI HIRAGAVRI Vs. GULABDAS JAMNADAS

JUDGEMENT

(1.) The suit out of which this appeal arises was a suit for the winding-up of a partnership and for accounts. The plaint bore a Rs. 10 stamp, and the suit was valued at Rs. 130 for the purpose of Court fees, while for the purposes of jurisdiction the plaintiff stated its value at Rs. 10,000.

(2.) The learned Judge of the Court of first instance, being apparently suspicious as to the value put upon the suit by the plaintiffs, called upon them under Order VII, Rule 2, to state approximately the amount sued for. No further or more definite sum than that already mentioned was however stated by the plaintiffs in response to this demand of the learned Judge, and the result was that the Judge rejected the plaint.

(3.) The plaintiffs appealed to the District Judge, but he dismissed their appeal summarily, apparently finding it unnecessary to hear the other side. The learned Judge notices the argument advanced for the appellants, that is, that it was open to them, the appellants, to value the relief at any sum they liked, but, says the Judge, " as far as I am aware there is no authority which can support such a contention." There is, however, as we shall notice presently, ample authority of this Court in support of the appellants argument.