PARVATI DEVI Vs. DHODHI LAL MAHTO

JUDGEMENT

(1.) This is an application against a very peculiar order of Mr. M. A. Rahman, Additional Subordinate Judge of Darbhanga, by which, after he had dismissed the appeal, he has directed recovery of the deficit court-fees on the plaint as also on the memorandum o the appeal through the collector if the same was not paid by a certain date.

(2.) In this case, the plaint was filed for a declaration that certain sale deeds were not binding upon the plaintiffs and for sending the sale deeds to the Sub-Registrar for cancellation. The plaint was rejected on the 19th December, 1952. Against the aforesaid order, an appeal was preferred and the appeal itself was dismissed on the 9th April, 1954. On the 6th July, 1954, however, the learned Subordinate Judge has passed the following order:--

(3.) The application, therefore, must be allowed and the order of the Court below set aside but there will be no order for costs.