IN RE: D. RAJAMANNAR AND ORS. Vs. STATE
HIGH COURT OF MADRAS
In Re: D. Rajamannar And Ors.
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Subba Rao And Ramaswami, JJ. -
(1.) THIS was referred by one of us to a Bench of two Judges in view of the importance of the question raised. The facts are fully stated In the order of reference and it is not necessary to restate them in detail.
(2.) O S. No. 45 of 1949 on the file of the Subordinate Judge's Court of Chittoor was instituted by two of the daughter's sons of one Chenchiah as presumptive reversioners to his estate for a declaration that the compromise decree In O. S. No. 10 of 1944 is not binding on the reversioners and for the appointment of a receiver to the estate of late Chenchiah to manage his properties and to prevent waste. The suit was dismissed and the plaintiffs preferred an appeal. The Master held that Rule 2 of the Rules framed under the Suits Valuation Act and Article 1 of Sch. I, Court -fees Act applied to the first relief and' that court -fee should be paid 'ad valorem' on the value of the property i.e., the subject -matter of the decree. A Bench of this Court consisting of Rajamannar C.J. and Viswanatha Sastri J. held in - - 'Narasamma v. : AIR1951Mad793 (A), that Rule 2 of the Rules framed under the Suits Valuation Act would apply to such a case. The learned Judges observed at page 795:
"Even if the plaintiff in the subsequent suit be considered not to have been a party to the prior suit, still if he sues to set aside the decree in that suit, Rule 2 of the Court -fees Rules would govern the case and 'ad valorem' court -fee would be payable."
The learned counsel for the appellants contended that the said Rule 2 is invalid on the ground that the High Court has no legal competence in making the rule so as to substitute the fixed court -fee payable under Article 17 -A of Schedule II for one payable on 'ad valorem' basis. The relevant provisions of the Court -fees Act, the Suits Valuation Act and the Rules framed under the Suits Valuation Act by the High Court may now be read:
(3.) ARTICLE 17 -A of Schedule II, Court -fees Act:
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