THAKUR BHAGWAN SITA RAMJI Vs. MOTI PRASAD

JUDGEMENT

(1.) The petitioner was the plaintiff-respondent in S. A. 472 of 1966 which had been filed by defendants 1 to 9 of Title Suit No. 193 of 1961, which the petitioner had instituted in the court of the Munsif at Bihar Sharif. Three other defendants of the suit, namely defendants 10 to 12 were joined as pro forma respondents in the second appeal aforesaid.

(2.) The suit which was one for redemption and partition was decreed by trial court in part. Against the decision rejecting a part of the 'petitioner's claim in the suit, he had preferred a title appeal in the lower appellate Court. In that title appeal, the defendants had filed a cross-objection. Ultimately the lower appellate Court dismissed the cross-objection filed by the defendants and decreed the plaintiff-petitioner's claim in full. Being aggrieved by the decision of the lower appellate Court, defendants 1 to 9 preferred S. A. 472 of 1966.

(3.) In the second appeal the Stamp Reporter reported that there was a deficit of court-fee payable by the defendants-appellants upon the memorandum of appeal in this Court to the tune of Rs. 41.25. The Stamp Reporter further reported that an amount of Rs. 36.25 was payable by the plaintiff-respondent, namely, the present petitioner as deficit Court-fee upon his memorandum of appeal in the lower appellate Court. Neither the appellants (defendants 1 to 9) nor Respondent no. 1 (the plaintiff) having paid the deficit court-fee demanded from them in accordance with the Stamp Reporter, the matter was placed before the Bench on the 6th July. 1967. On that day, Misra. J. (as he then was) granted one month's time to the defendants-appellants to file deficit court-fee payable by them with a direction that upon their failure to pay the deficit court-fee on the memorandum of appeal here as also on their memorandum of cross-objection in the lower appellate court, the memorandum of appeal would stand rejected without further reference to a Bench. On the same occasion, Misra, J, passed the following order: