JANAKI AMMAL AND ANR. Vs. D. RANGACHARI

JUDGEMENT

(1.) THIS Civil Revision Petition raises a question as to the amount of Court -fee payable by the petitioners on the Memorandum of Appeal filed by them in A.S. No. 86 of 1958 on the file of the District Court, Tirunelveli, against the decree dismissing their suit in O.S. No. 33 of 1956, on the file of the Sub -Court, Tuticorin.

(2.) THE substantial reliefs sought by the plaint as amended are:

(3.) I am of opinion that the lower Court was wrong both in regard to the procedure adopted as well as in the decision as to the Court -fee payable. The question whether the plaint and the Memorandum of Appeal have been properly stamped was raised by the Court -fee Examiner, and the learned Judge had decided on 22nd July, 1959, that the proper Court -fee was Rs. 426 -0 -0. Section 18(2) states: