DHADI NAIK Vs. NARAN NAIK AND ANR.

JUDGEMENT

(1.) PLAINTIFF is the Petitioner. In Money Suit no. 654 of 1961 in the Court of the Munsif of Jajpur, the Plaintiff paid court fee worth Rs. 4.25 nP. As court fees of higher denominations were not available with the stamp vendor, Plaintiff paid one 4 rupee, twelve 3 rupee and two 2 rupee court fees. The stamp vendor also gave a certificate to the effect that as court fees required under the rules were not available, court fees of smaller denominations were given. This was accepted by the Court on 10 -11 -1961. On 28 -4 -1962 Sri L. Mohanty, Peripatetic Stamp Reporter, gave a stamp report stating that as no certificate under Rule 19 of the Orissa Court -Fees Rules, 1948, was filed, the mode of payment of court fees contravened Rule 18 of the said Rules. This report was accepted by the learned Munsif who asked the Plaintiff to furnish proper and adequate court fees. The correctness of this order is challenged in this revision.

(2.) THE learned Munsif 's order is based on an error of record. The P.S. R 's remark that no certificate under Rule 19 had been filed, is wrong. In fact, certificate has been filed. The learned trial Court should not have left his discretion to the remark of the P.S.R. without applying his mind to the facts of the case. If the matter rested there, the order is liable to be set aside as it is based on error of fact which does not exist.

(3.) THE certificate also suffers from another defect. Under Rule 19, the certificate must be affixed to the document and be filed with it. Here the certificate is different from the document. It appears, the stamp vendor himself does not know the rule and I am reluctant to penalise the party, if the stamp vendor does not adhere to the form of the certificate required, when requisite court fees had been paid.