AIR 1949 NAGPUR 1

Nagpur High Court

Hon'ble Judge(s): Hemeon, Sen, Hidayatullah , JJJ

Court-fees Act (7 of 1870) , Sch.I Art.1— Rejection of plaint under O.7, R.11(c) - Court-fee on appeal should be ad valorem on difference between court-fee paid and demanded in lower Court : 18 N. L. J. 207 : A. I. R. (22) 1935 Nag. 83 : 157 I. C. 186 (F.B.), OVERRULED. A memorandum of appeal filed against the rejection of a plaint under O. 7, R. 11 (c), Civil P. C. should bear ad valorem court-fee on the difference between the court-fee paid and the court-fee demanded in the lower Court.(Para 9) The subject-matter in dispute in so far as the appellant is concerned is the extra court-fee demanded of him by the Court. The whole of the claim which he prefers in the Court below is never dismissed when the plaint is rejected. After the rejection of the plaint the unsuccessful plaintiff has two courses open to him. He can accept the decision of the trial Court and present a fresh plaint, or he can appeal against the order which amounts to a decree. In the second case the dispute involves only the demand for the extra court-fee and it is not right to say that the dispute covers the entire controversy in the suit about which no decision has really taken place:(Para 7) .....