MOTILAL Vs. JAGDISH PRASAD SHARMA

JUDGEMENT

(1.) THIS is a revision application by three defendants who are contesting the present suit instituted on 10-10 64 against them and against some other defendants. The allegation of the plaintiff is that the New Cotton & Wool Pressing Factory, near Railway Station, Beawar, is a partnership concern in which the plaintiff and the defendants are partners. It is alleged that the partnership started in 1886 87 A, D. and dissolution of partnership took place on 31-7 64. The suit is for a declaration that the partnership was dissolved on 31-7-64 and for rendition of accounts. In the alternative the plaintiff has prayed that in case the court comes to the finding that the partnership was not dissolved on 31-7-64 it may be decreed for dissolution of partnership. Para 17 of the plaint runs as follows : "that for purposes of court-fee and jurisdiction the suit is at present valued at Rs. 5000/- and court-fee thereon is paid and the plaintiff undertakes to pay further court-fee when his share of the partnership assets is ascertained and determined by the learned court. "

(2.) THE contesting defendants filed a written statement in which they did not allege that the suit had been undervalued. On the contrary the reply to para 17 of the plaint runs as follows : "that with respect to para 17 it is submitted that the court-fee has been unnecessarily paid with a view to harass the defendants. "