SHAZADI BEGUM Vs. VINOD KUMAR

JUDGEMENT

(1.) THIS is an appeal by one of the defendants against whom the suit has been dismissed by the trial court. There are two prayers contained in the appeal viz. (1) that the appellant should have been awarded costs of the suit by the lower court and (2) that the adverse finding given by the lower Court against the defendant-appellant may be quashed.

(2.) A preliminary objection has been raised by Mr. H. G. Mishra on behalf of the plaintiff-respondent No. 1 that the appeal is not maintainable. The objection is two-fold. It is urged in the- first instance, that appeal lies from the decree but not against an adverse finding. Then it is argued that the appellant is not entitled to raise the objection regarding costs inasmuch as she has not paid court-fee on the amount of costs claimed by her.

(3.) WE might first take up the second branch of the preliminary objection regarding deficiency of court-fee. Admittedly no court-fee has been paid on the amount of costs claimed by the appellant in the memo of appeal. The appeal, therefore, so far as the prayer for award of costs is concerned is liable to be rejected. No prayer for grant of time to make up the deficiency in the court-fee has been made before us. We may, however, observe that even if such a prayer was made, we would not be inclined to grant it, inasmuch as the appeal would be time-barred, if the court-fee is paid now.