OM PRAKASH Vs. MOTI LAL

JUDGEMENT

(1.) A decree in suit No. 181 of 1951, of the Court of 1st Additional Civil Judge, Kanpur, was obtained against the father of the plaintiff-appellants by the respondents and in the execution of the same some houses were attached. The plaintiff-appellants filed the suit giving rise to this appeal and prayed for the following reliefs on the allegation that the father of the plaintiff-appellants was a man of deficient mind and inasmuch as no guardian ad-litem had been appointed to protect his interests in the suit, the decree passed in suit No. 181 of 1951 was a nullity:

(2.) The suit was valued at Bs. 83,424/8/9 and a court-fee of Rs. 1,293/- was paid which was calculated on the one fifth value of the property. An objection was taken in the trial Court that the court-fee paid was insufficient but that question was not finally decided as the Court rejected the plaint on the ground that it disclosed no cause of action. Against the decree of the trial Court rejecting the plaint and dismissing the suit the present appeal was filed. In this Court. The relief claimed in the appeal is that the case be remanded for trial on merits according to law. In this Court a court-fee of Rs. 1,682/8/- was paid. The Stamp Reporter made a report that there was a deficiency in court-fee of Rs. 2,062/8/- in this Court and the same amount-in the Court below. The Stamp Reporter claimed that a sum of Rs. 4,125/- was due from the plaintiff appellants in connection with the court-fee payable in this Court as also in the Court below. The matter came up before a Division Bench of this Court where on behalf of the State of U.P., reliance was placed upon the U. P. Amendment to Section 7 (viii) of the Court-fess Act with the result that the Bench referred the following question for answer to a Full Bench:

(3.) Section 7 (viii) of the Court Fees Act, as amended by the U. P. Amendment Act XIX of 1938, reads as follows: