CHUNNI LAL Vs. L GURDIAL PRASAD

JUDGEMENT

(1.) This matter arises out of the report of the Chief Inspector of Stamps about the deficiency of court-fee paid on their written statements by defendants--respondents 5 and 6 and by defendant 7 in the Court below.

(2.) The facts briefly stated are as follows : The plaintiff-respondents filed a suit for partition of certain properties. There were seven defendants to the suit. Defendants 1 to 3 are the present appellants. Defendants 5 and 6 filed one written statement and defendant 7 filed another written statement. Defendants 5 and 6 and defendant 7 claimed that their shares in the property may be partitioned and given to them. They did not pay any court-fee on this relief. These defendants supported the plaintiffs' claim otherwise. Defendants 1 to 3 opposed the plaintiffs' claim. The Court ultimately decreed the suit for partition and passed a preliminary decree declaring the shares of the parties. Against this decree the present appeal has been filed by defendants 1 to 3. To this appeal the plaintiff is a respondent and defendants 5 and 6 and defendant 7 are also respondents. The relief claimed in this appeal is that the suit for partition be dismissed.

(3.) After the present appeal was filed in this Court, proceedings for the preparation of the final decree were taken up in the Court below. The Court below directed that the shares of defendants 5 and 6 and of defendant 7 be partitioned and separate possession be given to them on condition that they paid court-fee on the value of their shares. Each set of these defendants paid a sum of Rs. 365/- as court-fee on the value of their shares. The value of their shares has never been in dispute. The amount of Rs. 365/- which was paid by each of them was held by the Court below to be sufficient and a final decree was prepared in which defendants 5 and 6 and defendant 7 were allotted separate shares. This decree, we are told, was put into execution and these defendants have already obtained possession over their shares. No appeal has been filed against this decree.