N V VAKHARIA Vs. BEHARI LAL BATRA

JUDGEMENT

(1.) This is a revision from the order of the learned Commercial Sub-Judge of Delhi passed in a suit for accounts.

(2.) The plaintiff in this case, Vakharia, brought a suit for rendition of accounts and valued the suit at Rs. 5100. In para. 7 of the plaint the plaintiff stated as follows: That the plaintiff does not know the precise amount that will be found due to him upon a proper rendition of accounts and considers that a sum of about Rs. 10,000 will be found due to him on rendition of accounts. An objection being taken by the defendant as to the valuation of the suit for purposes of jurisdiction and court-fee a preliminary issue was raised in the following words: "Is the plaint properly valued for purposes of court-fee and jurisdiction?"

(3.) The learned Judge relied on a correction slip which relates to the manner of determining the value of the suit for the purpose specified in Section 9, Suits Valuation Act and which is in the following words: Suits, in which the plaintiff in the plaint seeks to recover the amount, which may be found due to the plaintiff on taking unsettled accounts between him and the defendant. . . . . The learned Judge thought that as the plaintiff himself had shown that the amount of Rs. 10,000 will be found due from the" defendant the value for the purposes of court-fee and jurisdiction should have been fixed at RB. 10,000 and he ordered accordingly. It may be stated that after the passing of this order the plaintiff asked for time to pay court- fee and time having been given he made good the court-fee before 28 May, 1948 as is clear from the order of the learned Judge dated 28 May 1948.