P DHANAMMA Vs. M SIVA RAM PRASAD
HIGH COURT OF ANDHRA PRADESH
PAIDIPATI DHANAMMA .
MOUTUPALLI SIVA RAM PRASAD
Referred Judgements :-
BALARAMAMURTHY VS. SEETHARAMASWAMIVARI DEVASTHANAM
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A.Gopal Rao, J. -
(1.)This appeal is filed against the order of a learned single Judge, upholding the
office objection, that the cross-objectors should pay the court-fee on the same
value given in the plaint, with respect to the relief of rendering of accounts. The
decree of the trial court will disclose that, among other reliefs granted to the
plaintiff with respect to accounting, the following relief is granted:
"That defendants 2 and 3 be and hereby are directed to render true and
correct account of Sriramulu's account in the partnership firm, M/s.
Motupalli Sreeramulu until 15-12-79 and do pay half of the said amount
to the plaintiff with interest at 12% per annum from 15-12-1979."
(2.)The plaintiff, in the plaint, valued the relief of settlement of accounts at
Rs.55,000/- and paid a court-fee of Rs.2546/- under Section 33 of the Andhra
Pradesh Court-Fees and Suits Valuation Act, 1956 (hereinafter called 'the Act').
Aggrieved by the judgment and decree, plaintiff filed appeal, A.S. (SR) 52607 of
1990. Since the rendering of account by the defendant was limited to the period
upto 15-12-1979 only, and rejected with respect to the remaining period claimed
by the plaintiff, plaintiff valued that part of the claim denied to him at
Rs.10,500/- and paid court-fee of Rs.300/- under Section 47 of the Act read with
Explanation 4 to Section 49, in the appeal.
(3.)The cross-objectors filed cross-objections, aggrieved by that part of the
decree granted against them, for accounting till 15-12-1979. They, have also
valued the subject-matter of cross-objections atRs.10,500/- and paid a court-fee
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