High CourtsDivision Bench(1900) 03 MAD CK 0008

Guruvajamma vs Venkatakrishnama Chetti and Others

Madras High Court · Decided on 23 March 1900 · Citation: (1901) ILR (Mad) 34

HON’BLE JUDGES
Shephard, J · Davies, J

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Judgment

5 paragraphs · 110 words
1.

We are clearly of opinion that the learned Judge is wrong in holding that; the valuation given in the plaint for an injunction can be questioned.

2.

Section 7, Clause IV(d), of the Court Fees Act, VII of 1870, requires that in a suit for an injunction the plaintiff shall state the amount at which

he values the relief sought. The plaintiff in this case values the relief, at Rs. 50, and therefore the City Civil Court had jurisdiction.

3.

There is no authority for holding that the Court has power to increase the value.

4.

The appeal is allowed. The defendant must pay the costs of the appeal.