MAHALAKSHMI DEBI Vs. BAMA CHARAN NANDI

JUDGEMENT

(1.) THIS is an application on behalf of the plaintiffs -petitioners and is directed against an order made by Mr. Fatik Chandra Roy Choudhuuy, learned Subordinate Judge, Hooghly, holding that the suit was not properly valued and stamped and requiring the plaintiffs to put in the deficit court -foes within one week from that date.

(2.) THE plaintiffs' allegation in the plaint is that the disputed properties which are described in items Nos. l to 4 of the plaint belonged at one time to a joint family consisting of four brothers, Bama Charan, defendant 1 of this suit, Shama Charan, Panchanan and Satish. Shama Charan's son Kalipada is defendant 2 in this suit. Pancha -nan's widow Mahalauxmi is plaintiff 1 and his son Dulal is plaintiff 2. Satish is dead. On certain allegations made in the plaint the plaintiffs alleged that a preliminary decree passed in a previous suit for partition being Title suit No. 31 of 1947 was inoperative, fraudulent and not binding on the plaintiffs of this suit.

(3.) AGAINST the said order the plaintiffs filed a First Appeal in this Court on 3 -1 -1952. This appeal was registered as F. A. 48 of 1952. It appears from the Order Book that on 11 -6 -1952, an order was made by this Court directing the plaintiffs to deposit the initial printing cost on or before 3 -7 -1952, with a direction that in default of payment the appeal will stand dismissed. No deposit was made as directed and it appears that on 17 -7 -1952, an entry was made in the Order Book that the appeal had stood dismissed for non -payment of the initial printing cost.