JAGDISH RAI Vs. SANT KAUR

JUDGEMENT

(1.) This is a revision petition against the order of the subordinate Judge dated April 16, 1975.

(2.) The plaintiff brought a suit for possession and recovery of damages. The defendant raised the plea that the suit is not properly valued for purposes of court-fee and jurisdiction. An issue was framed. The learned subordinate Judge refused to try this issue as a preliminary issue. The defendant has come in revision.

(3.) When an objection as to court- fee is raised the Court should decide that objection first before proceeding to dispose of the suit on any other ground. If the matter requires investigation it should record the evidence of the parties bearing on the point and if it finds that the court-fee paid is insufficient should stay further proceedings in the suit and call upon the plaintiff to make good the deficiency within a specified time (See Walaiti Ram v. Gopiram, AIR 1935 Lah 75). It is improper for the Court to hold up the decision on the question of court-fees until the end of the suit and to incorporate it in the decree. (See Sis Ram v. Sohan Lal, AIR 1938 Lah 311).