AI Structured Summary
Not yet generated for this judgment
Judgment
In our opinion, the Subordinate Judge was wrong in valuing the plaint according to the value of the whole tarwad property. It is clear that the
plaintiffs will not be gainers to that extent if they obtain a decree.
It was argued for on behalf of the respondents that Section 12 of the Court Fees Act prevented our revising the decision of the Subordinate
Judge, but it has been held by this Court that where it is not a mere question of amount or arithmetical calculation the section does not apply--
Chandu v. Kombi ILR 9 Mad. 208), Ajoodhya Pershad v. Gunga Pershad I.L.R., 6 Cal., 249). We reverse the decree and remand the case to be
dealt with according to law. Appellants must have the costs of this appeal.