Law: Court Fees Act, 1870

Section: 11

Law: Civil Procedure Code (V of 1908)

Section: 100,I15

(a) Court Fees Act (VII of 1870), S. 11-Suit for rendition of accounts-Plaintiff entitled to fix tentative value of subject-matter of suit-Decree in suit can, however, be executed when plaintiff makes up deficiency in court-fee-Ad valorem court fee to be paid on decretal amount instead of such tentative value if defendant challenges decree. In a suit for rendition of accounts the plaintiff is entitled to fix tentative value of the subject-matter of the suit as the final amount has to be determined by the Court after going into the accounts. The decree made in the suit can, however, be executed when the plaintiff makes up the deficiency in the court-fee under section 11 of the Court Fees Act. If the defendant challenges the decree ad valorem court-fee has to be paid on the decretal amount instead of the court-fee on the tentative value fixed by the plaintiff in the suit. The Land Acquisition Collector, Rawalpindi v. Lieut.-General Wajid Ali Khan Burki P L D 1961 Lah. 1028; Sint. Guru Dasi v. Sarbananda Mahaldar and others P L D 1961 Dacca 243; Kalu Ram v. Hanwant Ram and others A I R 1934 Lah. 488 and The Pakistan Boy Scouts Association v. Qazi Muhammad Sharif and another P L D 1969 Pesh. 175 ref. (b) Civil Procedure Code (V of 1908), Ss. 100 & I15­Second appeal, and not revision, competent in case-Revision filed intentionally to deprive exchequer of court fee Court cannot permit conversion of such revision petition into an appeal. JUDGMENT SHAMIM HUSAIN KADRI, J.-The plaintiff-respondent filed a suit for dissolution of partnership and rendition of accounts. A preliminary decree was passed on 12th November 1962 in his favour. The appeal against it failed. A Local Commissioner was appointed by the trial Court who after going through the accounts submitted a report. Disposing of the objections raised by the plaintiff, the learned trial Court passed a final decree in his favour in the following terms: - (1) The defendant shall pay Rs. 7,257.10 to the plaintiff: (2) On recovery of Rs. 4,164.50 from the Irrigation Department the defendant shall pay to the plaintiff 50 % of the same. (3) On recovery of anyone of the sums recoverable by the parties from Haji Abdul…

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