CHIKKA KEMPAKKA Vs. MATCHAPPA

JUDGEMENT

(1.) The plaintiff is the petitioner herein. He filed O. S. 140/46-47 on the file of the Second Munsiff, Bangalore for possession of the suit properties and also for mesne profits. The suit was decreed. Later no be filed I. N No. 10 under Order XX Rule 12 C. P. C. for ascertaining the mesne profits. The teamed Munsiff assessed the mesne profits at Rs. 185/- and passed an order accordingly on 16-6-1954. But in that order lie also mentioned that the required court fee shall he paid within 15 days and if not so paid the I. A. will stand dismissed. The learned counsel for the petitioner says that this portion of the order was not mentioned in the 'A' Diary. He had applied for a copy of the order on 18-6-1954, but he was given that copy only on 13-9-1954. Meanwhile on 6-7-1954 the learned Judge dismissed I. A. 10 on the giound that the court lee in question had not been paid. According to the learned counsel for the petitioner this order was also passed in chambers and he was not aware of it till ha was given the copy of the order on 13-9-1954. Hence he did not know that the learned Judge had required him to pay the court fee in question within 15 days.

(2.) The petitioner's main contention is that the learned Judge had no jurisdiction to pass an order in the form in which he had passed. He could not stipulate in the order that the court fee in question should be paid within any particular period. The relevant section which provides the court fee to be paid for mesne profits as essed is Section 8 of the Mysore Court Fees Act. The said section reads as follows:

(3.) Order accordingly.