MUHAMMAD HUSSAIN Vs. SHAIK MUHAMMAD MALUMIAR

JUDGEMENT

(1.) This revision petition arises out of the decision of the District Munsif of Negapatam on certain preliminary issues in O.S. No. 232 of 1933. It is rather unfortunate that Issues 3 and 15 were dealt with together. Issue 3 related to the question of the maintainability of the suit as framed. Issue 15 raised the question whether the suit was properly valued and whether proper court-fees were paid. The District Munsif states his conclusion as follows towards the end of para. 4 of his order: Plaintifi is bound to frame his suit as one for the recovery of a specific sum of money and pay ad valorem court-fees thereon. He is informed that he could not value his suit at Rs. 400 under Section 7, Clause (iv) (f) but should value it at Rs. 1,873-12-6 under Section (7) Clause (1), Court-fees Act.

(2.) The basis for the above direction, so far as I am able to gather, is that in para. 3 of the plaint there is a reference to an account sent by the defendant to the plaintiff in April 1928 wherein it was stated that a sum of Rs. 1,873-12-6 of the plaintiff's money remained in the defendant's hands. In para. 4, the plaint went on to say: Even in the said account several items of debit are false and fraudulent. The opening balance itself is not correct and is grossly understated. The plaintiff repudiates in particular all the items entered as on 21 April 1928.

(3.) In para. 5 the plaint stated: The defendant continued to look after the plaintiff's affairs and acted as his agent till his power of attorney was cancelled in April 1932.