M P MARIYAN Vs. K K NARAYANAN
HIGH COURT OF KERALA
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(1.) THE defendant in O. S. No. 108 of 1965 on the file of the Additional Subordinate judge's Court, Ernakulam has brought this appeal against the preliminary decree pass-ed by the lower Court in the said suit. The respondent herein Is the plaintiff in the action and the relief claimed in the suit is that the defendant should be asked to render accounts in respect of a transaction of sub-contract which had been entered into as between the plain-tiff and the defendant and that a decree should be passed In favour of the plaintiff for recovery of such amounts as may be found due on rendition of accounts. The plaintiff had valued the said relief of accounting under Section 35 of the Court-fees Act at Rs. 50,000/- and paid the court-fee on that basis. The lower Court has passed a preliminary decree directing taking of accounts in respect of the transaction of sub-contract referred to in the plaint and it is against the said decree that this appeal has been preferred by the defendant.
(2.) WHEN the appeal came up for hearing the learned advocate appearing for the respondent-plaintiff raised a preliminary objection that proper court-fee has not been paid on the memorandum of appeal. After hearing both sides we are satisfied that this objection has to be upheld.
(3.) THE appellant has valued the subject-matter of the appeal at Rs. 300/-and paid a court-fee of only Rs. 30/- on the said basis. As already noticed, the relief of accounting had been valued by the plaintiff in the Court below at Rupees 50,000/and court-fee was paid on the plaint on the basis of that valuation.;
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