Supreme Court of India · 1957-11-28
S. Rm. Ar. S. Sp. SATHAPPA CHETTIAR vs S. Rm. Ar. Rm. RAMANATHAN CHETTIAR
- Citation / case number
- SC 1956/89
- Court
- Supreme Court of India
- Petitioner
- S. Rm. Ar. S. Sp. SATHAPPA CHETTIAR
- Respondent
- S. Rm. Ar. Rm. RAMANATHAN CHETTIAR
- Bench
- BHAGWATI, NATWARLAL H.,SINHA, BHUVNESHWAR P.,IMAM, SYED JAFFER,KAPUR, J.L.,GAJENDRAGADKAR, P.B.
Judgment text excerpt
The Supreme Court ruled that under Section 7(IV) of the Court-Fees Act, the plaintiff's valuation of his claim determines the value for jurisdiction under Section 8 of the Suits Valuation Act. The Court held that if a plaintiff omits to value his claim specifically, he should be allowed to amend his plaint to set out the desired valuation. The Madras High Court's order requiring the appellant to pay court fees based on a valuation it imposed was set aside, allowing the appellant to pay fees based on his own valuation.