SATINDRA NATH BANERJI Vs. SIVA PRASAD BHAKAT

JUDGEMENT

(1.) The question raised in this Bale is whether an ad valorem Court fee is parable upon the plaint in a suit by a person who had preferred a claim to properties attached in execution of a decree, which was rejected by the Court.

(2.) The petitioner, who was the plaintiff in the suit, paid a Court fee of Rs. 10 for a declaration of his title to the properties and annas 12 for an injunction.

(3.) It appears that when certain properties of the judgment debtor were attached in execution of a decree for money by the opposite party Nos. 1 to 8, the petitioner preferred a claim on the ground that the properties were purchased by him, and did not belong to the judgment debtor. The 26 February 1921 was fixed as the date for bearing the claim. On that day a petition was put in on behalf of the claimant for time to enable him to produce his kabala. The decree-holder opposite party was present with his witnesses. The Court was of opinion that the petition was not a bona fide one and rejected it, From another order on the same day, it appears that nobody appeared for the claimant, though repeatedly called. The order of the learned Subordinate Judge is as follows:--"The decree-holder opposite party is ready with Pleader and witnesses. The petition of claim is rejected with costs and Rs. 8 as Pleader's fee and the Claim Case No. 3 of 1920 be dismissed."