STATE OF UTTAR PRADESH Vs. RAMKRISHAN BURMAN DEAD

JUDGEMENT

(1.) One Radhey Lal instituted Suit No. 4 of 1950 in the Court of the Civil Judge, Jaunpur, for a declaration that he was the "owner in possession" of the estate left by Dhan Devi. To that suit Ram Krishan Burman was impleaded as a party-defendant. This suit was decreed ex parte. Ram Krishan then filed Suit No. 14 of 1956 in the Court of the Civil Judge, Jaunpur, against the heirs of Radhey Lal (who had died since the passing of the decree in Suit No. 4 of 1950), claiming that he was "appointed an heir by Dhan Devi" of properties described in lists B. J and D in the plaint, that the dispute concerning the inheritance to the estate left by Dhan Devi was settled between him and Radhey Lal, that Radhey Lal admitted his title to the properties in Lists B. J and D and it was agreed that in the properties in Lists A, B. J and D Radhey Lal had 11/16th share and that he had 5/16th share, that a memorandum was drawn up in that behalf, and that Radhey Lal represented to him that a compromise decree will be obtained in that suit, but thereafter taking advantage of his ignorance Radhey Lal obtained a decree ex parte. The following substantive reliefs were claimed by the plaintiff.

(2.) The Inspector of Stamps reported to the Civil Judge that in his view the case fell within Sec. 7 (iv-A) as incorporated by the U. P. State Legislature, and court-fee was chargeable according to the value of the subject-matter, and the plaintiff was liable to pay Rs. 3,522/8/- as court-fee on the plaint. The Civil Judge ordered the plaintiff to amend the plaint and to pay the court-fee remaining due.

(3.) The plaintiff appealed against the order of the Civil Judge to the High Court of Allahabad. The High Court held that the court-fee paid by the plaintiff was proper and set aside the order holding that the case did not fall within S. 7 (iv-A) of the Court-Fees Act. The State of U. P. has appealed to this Court with special leave.