KOMMURA VENKATA RAO Vs. KORELLA SESHARATTAMMA

JUDGEMENT

(1.) I do not agree with the view taken by the Subordinate Judge and the Court-fee Examiner. This suit is for a declaration that the person really interested in the promissory notes is the plaintiff and not the defendant though they stand in the defendant's name and for recovery of the notes but not for the recovery of the money due on the notes.

(2.) The makers of the notes are parties so that the finding may be binding on them also.

(3.) Section 7, Clause (iv)(a) of the Court Fees Act is the clause applicable and not Clause (iii) as the Subordinate Judge seems to think.