(1.) The petitioner is the Judgment Debtor, who is aggrieved by the order dated 14-1-1971 passed by the learned Subordinate Judge 1st Class (Shri Shamsher Singh Kanwar), who gave an opportunity to Smt. Shanti Devi (first respondent herein) as well as to Prem Parkash (2nd respondent herein) one month's time from 14-1-1971 to make good the court fee which was payable by each of them in respect of the amounts that h^d been decreed to them separately while passing a final decree in this case on 4-10-1966.
(2.) A suit had been filed by both the respondents, as co-plaintiffs, in February, 1962 for rendition of accounts and dissolution of partnership, the court-fee payable having been nominally valued and paid in the sum of Rs. 130. A preliminary decree .was passed on 9-8-1962 The acounts were to be gone into before the passing of the final decree. The report of the Commissioner was submitted on 19-4-1966 and the final decree was passed on 4-10-1966 directing that the Judgment Debtor will pay a sum of Rs. 7119.82 P in favour of Smt. Shanti Devi and another sum of Rs. 7003.1 P. in favour of Prem Parkash along with costs to both of them. No time, however, had been fixed for the payment of deficit court-fee. Directiton in the judgment, on which the final decree was based in this regard, was as follows :
(3.) There is no difficulty about the commission fee but the court fees were not paid obviously because of a difficulty which perceived by Smt. Shanti Devi who felt that she could not pay the court fees due on the amount separately decreed to her alone since a suit had been laid by her along with Prem Parkash as co-plaintiff. An application was, therefore, made in August, 1969 stating that she was willing to pay the court fees due by her and that the decree passed in favour of Prem Parkash could be deleted to enable her to get an effective decree drafted in her favour which she might be able to execute. Unfortunately no order seems to have been passed on this application; the learned counsel at the bar have not been able to say that any particular order was passed on this application. Since no order was passed on the said application Smt. Shapti Devi seems to have filed yet another application on 2-2-1970 offering to pay the entire court-fee not only due from her but also due from Prem Parkash. It was on this application that the learned Subordinate Judge has pased the order which is now impugned in this Revision Petition giving time not only to Smt. Shanti Devi but also to Prem Parkash to pay the deficit court-fee on reliefs graated to each of them separately. Before the court-fees were paid this Revision Petition was filed and an order of stay of operation of the order was also obtained which was later on cancelled by V. S. Deshpande, J. on 1-4-1971 holding that Article 137 of the Limitation Act (corresponding to old Article 181) had prima fade no application, It is stated that thereafter the court-fee payable by Smt. Shanti Devi has also been paid.