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Hari Mohan Misser Vs. Surendra NaraIn Singh - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtKolkata
Decided On
Judge
Reported in(1904)ILR31Cal301
AppellantHari Mohan Misser
RespondentSurendra NaraIn Singh
Excerpt:
appeal to privy council - valuation of suit--'value of subject-matter of suit'--civil procedure code (xiv of 1882) section 596--court-fees act (vii of 1870) section 7, clause iv(d)--value of the relief sought. - .....is open to the petitioner, having regard to the nature of the relief sought, to show what was the real value of the subject-matter in the case. it is perhaps a little difficult, where a perpetual injunction is asked for against a person carrying on a business such as the manufacture of indigo to restrain him from erecting buildings which are essential to that business, to appreciate exactly what the real value of the subject-matter may be. as i have said before, incompetent to the petitioner to show what the real value was.2. i agree with the criticism addressed to us on behalf of the, respondent, that many o the items mentioned in paragraph 7 of the affidavit filed in support of the petition cannot be included in the value of the subject-matter of the dispute. bat rs. 7,000 is said to.....
Judgment:

Francis W. Maclean, C.J.

1. Notwithstanding, the fact that, having regard to Section 7 of the Court-fees Act, VII of 1870, Sub-section 4, the value of this suit was fixed at Rs. 1,500, I think it is open to the petitioner, having regard to the nature of the relief sought, to show what was the real value of the subject-matter in the case. It is perhaps a little difficult, where a perpetual injunction is asked for against a person carrying on a business such as the manufacture of indigo to restrain him from erecting buildings which are essential to that business, to appreciate exactly what the real value of the subject-matter may be. As I have said before, incompetent to the petitioner to show what the real value was.

2. I agree with the criticism addressed to us on behalf of the, respondent, that many o the items mentioned in paragraph 7 of the affidavit filed in support of the petition cannot be included in the value of the subject-matter of the dispute. Bat Rs. 7,000 is said to have been expended on the building structures, and a portion at any rate of what is said to have been expended on implements for the manufacture of indigo might, I think, be fairly included. Paragraph 9 says this: 'The real value of the relief claimed in the suit, judged from the practical result thereof to the defendants, is much over Rs, 10,000.' If the plaintiffs are entitled to a perpetual injunction practically restraining the defendants from carrying on the indigo business, it must be obvious that the defendants may sustain a loss far greater than the mere cost of the buildings.

3. Under these circumstances the petitioner is entitled to a certificate.

Hill, J.

4. I Concur.

Stevens, J.

5. I also concur.


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