(1.) The sole defendant in the suit is the appellant. The suit has been filed by the plaintiffs claiming past maintenance charges at the rate of 250/- per month for each of them from 18.5.1985 till the date of plaint and also for directing the defendant to pay future maintenance at the above said rate.
(2.) The plaintiffs have filed the suit as informa pauper. The defendant contested suit on the ground that he is not liable to pay the maintenance. Ultimately, after hearing from both parties, the suit was finally decreed directing the defendant to pay to each of the plaintiffs a sum of Rs. 150/- per month till they become major from 18.5.1985. In the decree it was also stated in clause No.5 that the defendant has to pay Court fee on Rs. 18,057.75/- to the Government. As the original suit was filed by the plaintiffs as informa pauper by the plaintiffs, the defendant was directed to pay the Court fee. The appeal has been filed only against this portion of decree viz., direction to pay the Court-fees for the entire amount claimed by the plaintiffs in the suit.
(3.) Though the respondent/plaintiffs in the suit were issued notice on many occasions, none appears. Therefore, the learned counsel for the appellant was directed to take out a paper publication and accordingly, paper publication was also effected on 23.10.2009 and the proof was also filed by the learned counsel for the appellant. Even after effecting publication, the respondents did not appear either in person or through a pleader. Therefore, notice was ordered to be served on the learned Special Government Pleader as the dispute involved in this appeal is with regard to the liability of the appellant to pay the entire Court fee for the amount claimed by the plaintiffs instead of the proportionate amount to which maintenance was awarded to the plaintiffs. On receipt of the notice, the learned Special Government Pleader appeared before this Court and made his submission.