BISHAMBHAR NARAYAN CHOUDHARY Vs. MANABENDRA NARAYAN CHOUDHARY

JUDGEMENT

(1.) HEARD learned counsel for the petitioners and learned counsel for opposite parties No. 1 to 6 and 8. The names of opposite parties No. 9 to 20 have already been deleted on the order of this Court dated 10/8/2007. Furthermore, the name of opposite party No. 7 has already been expunged on the order of this court as he had died.

(2.) THIS Civil Revision has been filed on behalf of defendant-appellant-petitioners challenging that part of order dated 16-12-2004, by which the learned additional District Judge, Fast Track Court-II, Darbhanga directed the defendant-appellant-petitioners to file proper court-fees in Title Appeal No. 15 of 2000.

(3.) MORTGAGE Suit No. 130 of 1961 was filed by the father of opposite parties first set for redemption of mortgage and recovery of Rs. 49,406. 50ps. from the defendants including the petitioners along with interest. The said suit was decreed by the learned subordinate Judge-III, Darbhanga, by judgment and decree dated 2-3-1996 and the defendants were directed to pay the aforesaid amount with interest pendente lite and future, which came to Rs. 1,63,433. 21 ps. Being aggrieved by the said Judgment, some of the defendant-appellant-petitioners filed mortgage Title Appeal No. 15 of 2000 fixing its valuation at Rs. 49,406. 50ps. according to the valuation of the suit. The plaintiffs-respondent-opposite parties raised objection and by the impugned order dated 16-12-2004 the learned Court below directed the defendant-appellants to file proper courtfees. This part of the said order has been challenged by the defendant-appellant-pe-titloners in the instant civil revision.