ANDREW CHALMERA INTERNATIONAL LTD Vs. INDIA TOBACCO SUPLIERS P LTD

JUDGEMENT

(1.) The question is short but interesting. It arises under the Court-fees Act. In view of the plain language used in section 11 (2) of the Andhra Pradesh Court-fees and Suits Valuation Act, 1956 (hereinafter referred to as the Act) the defendant-petitioner should succeed.

(2.) The plaintiff filed O.S. No. 55 of 1972 on the file of the Principal Subordinate Judge's Court, Guntur for accounts. In the additional written statement the defendant raised an objection that the court-fee paid was not correct. Consequently an additional issue was framed. The defendant filed I.A. No. 456 of 1980 to decide the question of court-fee as a preliminary issue. This application was dismissed by the Principal Subordinate Judge, Guntur by his order dated 7th April, 1980. Hence this revision by the defendant.

(3.) The principal contention of Mr. G. Narayana Rao, the learned Counsel for the petitioner, is that the Court has no discretion, but to decide the question relating to court-fee as a preliminary issue when such a plea is raised by the defendant. More so, in view of the provisions of Order 7, rule 11 of Civil Procedure Code, which says that the plaint shall be rejected in case the court-fee is not paid within the time given by the Court. To appreciate this contention, it is necessary to refer to section 11 (2) of the Act.