S A BALAGURUMURTHI CHETTIAR Vs. OCMUHAMMAD ISMAIL

JUDGEMENT

(1.) This revision petition under Section 115 of the Civil P. C. challenges the jurisdiction of the learned Subordinate Judge of Dindigul to levy poundage on the sale of property under the following circumstances.

(2.) The suit was brought to recover damages for a breach of contract by the defendants to purchase piece goods from the plaintiff on the allegation that the defendants refused to accept delivery and pay for the goods. After the issue of the Cloth Control Order the plaintiff filed an application for the sale of the goods through the Court and for this purpose he brought them into Court. No objection was offered and a member of the local bar was appointed to sell the property in the precincts of the Court. This was done and when the plaintiff applied to withdraw the proceeds of the sale, the learned Subordinate Judge held that poundage must first be deducted.

(3.) The levy of poundage is provided for by the rules framed by the High Court under Section 20 of the Court Fees Act, and in the schedule printed at page 225 of Vol. I of the 2nd edition of the Civil Rules of Practice and Circular Orders, the following scale is provided: In respect of sales, a fee by way of poundage on the purchase money calculated at one anna in the rupee on the first 350 rupees, half an anna in the rupee on any additional sum up to Rs. 1,000 and quarter anna in the rupee on any additional sum above Rs. 1,000.