BABU NINGAPPA Vs. PARAGOUDA PARSAPPA

JUDGEMENT

(1.) THIS application raises a simple question, namely, whether the fees chargeable for serving and executing processes issued by the civil Courts subordinate to the High Court are affected by the surcharge to which process-fees leviable under the Court-fees Act, 1870, are subject under Bombay Act XV of 1943.

(2.) THE applicant filed suit No.35 of 1943 in the Court of the Second Class Subordinate Judge, Athni. He paid a sum as process-fees calculated according to the rules which are to be found, in the Civil Manual issued by the High Court, Vol. I, (1940), at pp. 137 to 143. According to the office of the learned Judge, the applicant was liable under Bombay Act XV of 1943 to pay the surcharge prescribed thereby on the process-fee and the process-fee paid was, therefore, insufficient. THE plaintiff contended that he was not liable to pay the surcharge, but the trial Court overruled that contention and, holding that Bombay Act XV of 1943 applied to such process-fees, gave him three days' time to make up the deficit. As the applicant did not make any further payment, his suit was dismissed.