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PETITIONER: NEMI CHAND AND ANOTHER
Vs.
RESPONDENT: THE EDWARD MILLS CO. LTD.AND ANOTHER
DATE OF JUDGMENT: 10/11/1952
BENCH: MAHAJAN, MEHR CHAND BENCH: MAHAJAN, MEHR CHAND DAS, SUDHI RANJAN BOSE, VIVIAN HASAN, GHULAM
CITATION: 1953 AIR 28 1953 SCR 197
ACT: Court-Fees Act (VII of 1870), s. 12-Civil Procedure Code, 1908, s. 2(ii), 0. VII, r. 11-Decision as to court-fee- Finality-Scope of s. 12-Dismi ssal for non-payment of court- fee-Power of appellate Court to consider whether decision about court-fee was right-- Declaratory suit with prayer for consequential relief-Appeal giving up prayer for Consequential relief-Maintainability-Courtfee.
HEADNOTE: In a plaint the following reliefs were asked for, viz., (i) that it be declared that the appointment of’defendant No. 2 as chairman of the board of directors of a company is illegal, invalid and ultra vires and that he has no, right to act as chairman, managing director etc., and (ii) that a receiver be appointed to take charge of the management of the company. The ’plaint bore a court-fee stamp of Rs. 10 only but, the objection of the defendants, ad valorem fee was paid Rs. 51,000 which was the valuation of the suit. The suit was dismissed and the plaintiff preferred an appeal giving up the second relief and paying a court-fee of Rs. 10 only. The appellate Court ordered payment of ad valor...