MOHAMMAD ABDUL RAUF Vs. T KHADEJA

JUDGEMENT

(1.) The plaintiffs are the petitioners in this civil revision application. It is directed against that part of the order dated 16-3-1977 by which the trial Court has directed the plaintiffs to pay ad valorem court-fees.

(2.) The plaintiffs-petitioners filed Title Suit No. 254 of 1969 in the Court of the Subordinate Judge, Bhagalpur for a declaration that the plaintiffs had legal, valid and indefeasible title over the suit land and the defendants-opposite party had no title. The plaintiffs have also prayed for a declaration that the entry made in the recent khatian was wrong. The defendants-first party-opposite party appeared and filed their written statement claiming that the entry in the survey record was correct. In the written statement, the defendants did not challenge that the plaintiffs were to pay ad valorem court-fee, the suit could not proceed unless the plaintiffs paid the ad valorem court-fee. The plaintiffs contested this application filed by the defendants.

(3.) The issues were framed and settled by the trial Court, Issue No. 7 was "whether the Court-fee paid is sufficient". This issue was taken up as a preliminary issue and was heard and disposed of by the trial Court by order dated 8-8-1974. The trial Court by this order dated 8-8-1974 held that the court-fees paid was sufficient.