Dhupati Srinivasacharlu Vs. A. Perindevamma and ors. - Court Judgment

SooperKanoon Citation

sooperkanoon.com/823879

Court	Chennai
Decided On	Aug-03-1915
Judge	John Wallis, C.J. ;Sadasiva Aiyar and ;Srinivasa Aiyangar, JJ.
Reported in	33Ind.Cas.602
Appellant	Dhupati Srinivasacharlu
Respondent	A. Perindevamma and ors.
Cases Referred	and Banwari Lal v. Sheo Sankar Misser

Excerpt:
court fees act (vii of 1870), section 7, clause (iv) - suit for account--preliminary decree--appeal against, whole decree--appellant, whether bound by valuation in plaint. - 1. the decision in samiya mavali v. minammal 23 m.p 490 : 10 m.l.j. 240 has been consistently acted on and is in accordance with the decision in delroos banoo begum v. nawab syud ashgur ally khan 15 b.l.r. 167 : 23 w.r. 453 and banwari lal v. sheo sankar misser 1 ind. cas. 670 : 13 c.w.n. 815.2. we are not prepared to differ from it, and are of opinion accordingly that the appellant is bound by the valuation in the plaint.

Judgment:

1. The decision in Samiya Mavali v. Minammal 23 M.P 490 : 10 M.L.J. 240 has been consistently acted on and is in accordance with the decision in Delroos Banoo Begum v. Nawab Syud Ashgur Ally Khan 15 B.L.R. 167 : 23 W.R. 453 and Banwari Lal v. Sheo Sankar Misser 1 Ind. Cas. 670 : 13 C.W.N. 815.

2. We are not prepared to differ from it, and are of opinion accordingly that the appellant is bound by the valuation in the plaint.