Bombay High Court
Govindas Kasandas And Anr. vs Dayabhai Savaichand on 18 August, 1884
Equivalent citations: (1885)ILR 9BOM22
JUDGMENT Charles Sargent, C.J.
1. The District Judge was wrong in directing that the value of the relief sought should not be fixed fey plaintiffs at less than Rs. 10,000, the alleged value in the plaint of the property left by the testator. By Section 7, clause of the Court Fees Act, VII of 1870, the plaintiff in a suit for accounts must state the amount at which he values the relief sought, but he is free to fix it as he thinks proper, subject to the provision of section of which precludes the execution of the decree in case it exceeds such value until the execution fee has been paid. We must, therefore, reverse the order of rejection of 23rd April, 1883, and direct that the plaintiffs do within a month amend their plaint by stating the amount at which they value the relief sought and stamp their plaint accordingly, and that in default of their doing so, their plaint do stand Rejected. Appellants to have their costs of this appeal unless they commit such default as above mentioned.