SHRIMATI SHILA DEVI Vs. MOHAN LAL

JUDGEMENT

(1.) THIS is an application by the State under order XXXIII, Rule 11 of the Code of Civil Procedure and the contesting Respondent is Smt. Sheela Devi. She instituted a suit in forma pauperies against her husband for the return of articles or their value amounting to Rs. 14,154/ -. The trial court passed a decree for Rs. 3,421/9/ - in her favour. She then appealed in forma pauperis to this Court for recovery of the remaining amount of Rs. 10,732/7/ Against her husband. This appeal was dismissed by a Division Bench of this Court on the 26th April, 1962. In the present application it is pointed out that the Bench omitted to make any order with regard to the recovery of court fee from the Plaintiff Appellant and the prayer is that she should pay an amount of Rs. 1,199/ - as court -fee stamp on the amount of Rs. 10,732/7/ for which amount she had filed for appeal in the High Court.

(2.) MR . Raj Kumar on behalf of Smt. Sheela Devi has contested the application.