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Pydal Nambiar and anr. Vs. Kannan Nambiar and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported in(1902)12MLJ87
AppellantPydal Nambiar and anr.
RespondentKannan Nambiar and ors.
Excerpt:
- order1. we are of opinion that these are not suits for declaratory decrees and that consequential relief is prayed for.2. the institution fee is, therefore, to be calculated under section 7, clause iv-c, according to the amount at which the relief sought is valued in the plnint.3. the stamp duty paid is only rs. 10 in each case, and is insufficient. the proper stamp duty on the appeal must be paid within three weeks from to-day.4. after payment the appeals will be posted for disposal.5. the valuation in each case has been stated in the plaint. the ad ralorem duty was paid and the appeal was again posted for hearing on the merits before the same bench, on 8th november 1901, when judgment was given dismissing the appeal on the merits.
Judgment:
ORDER

1. We are of opinion that these are not suits for declaratory decrees and that consequential relief is prayed for.

2. The institution fee is, therefore, to be calculated under Section 7, Clause IV-c, according to the amount at which the relief sought is valued in the plnint.

3. The stamp duty paid is only Rs. 10 in each case, and is insufficient. The proper stamp duty on the appeal must be paid within three weeks from to-day.

4. After payment the appeals will be posted for disposal.

5. The valuation in each case has been stated in the plaint. The ad ralorem duty was paid and the appeal was again posted for hearing on the merits before the same Bench, on 8th November 1901, when judgment was given dismissing the appeal on the merits.


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