Law: Court Fees Act, 1870

Section: 7(iv)(f)

Appeal-Forum-Preliminary decree directing taking of accounts in suit for dissolution of Partnership and rendition of accounts--Forum determined by value of suit fixed in plaint-- Court Fees Act (VII of 1870), S.7 (iv) (f). In an appeal by a defendant in a suit for dissolution of partnership and rendition of accounts against a preliminary decree, the forum of appeal is determined by the value of the suit fixed by the plaintiff in his plaint. That value cannot be altered simply because the trial Court, in its , deals with an item which exceeds such value. Megh Rai v. Rupchand Uttamchand I L R 1947 Lah. 47 rel. Kalu Ram v. Hanwant Ram I L R 15 Lah. 151 ref. JUDGMENT SHABIR AHMAD, J.---In a suit for dissolution of partner­ship and rendition of accounts instituted by Abdul Haq Sethi against Muhammad Zarif, Mr. Akhtar Hussain, Additional Civil Judge Fourth Class. Jhelum, passed a preliminary decree, the operative part of which was as follows:-- " It is ordered that the plaintiff is granted preliminary decree to the effect that he is entitled to get and liable to pay fifty per cent of the profits and losses of the firm, as the case may be, for period falling between 23rd of May 1953 till the 26th of April 1954, when the partnership stood dissolved. I further order that the accounts be taken as directed above." Against this preliminary decree the defendant presented two appeals, one in the Court of the Senior Civil Judge, Jhelum, and the other in this Court. The appeal in this Court, which was marked as Regular First Appeal, was ordered on the 1st of May 1956, to be heard by a Division Bench. On the 18th of June 1956, an application (Civil Miscellaneous No. 348/C of 1956) was presented to this Court wherein it was said that as the plaintiff had valued his suit in the trial Court at Rs. 140 for the purposes of jurisdiction, the appeal against the preliminary decree passed by the trial judge could not be brought in this Court. It was prayed in this application that the question whether or not the appeal lay to this Court should be determined before the parties underwent expenses with regard to printing and other matters connected with the appeal in this Court. It is as a…

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