SITARAM Vs. MAHARAJA GOVINDSINGHJOO DEO

JUDGEMENT

(1.) THE Taxing Officer (Registrar, High Court) has referred for decision the question whether the court-fee paid on this appeal is proper.

(2.) THE appellants (plaintiffs) are sons of Baldeo Prasad Tiwari (defendant No. 2 ). A money decree was passed in favour of Maharaja Govind Singh (defendant No. 1)against the said Baldeo Prasad. Certain properties were attached in execution of the decree. The plaintiffs herein preferred objection under Order 21, Rule 58, Code of Civil Procedure. The objection was dismissed by the executing Court. The plaintiffs then brought the suit under Order 21, Rule 63, from which this appeal arises.

(3.) THE suit was initially for declaration of title simpliciter. The plaintiffs amended their plaint in the trial Court and added a relief that the decree was ineffective to the extent of the plaintiffs' share in the suit property and that the suit property be released from attachment.