BALGIS BEEVI AMMAL Vs. HATHIJA BEEVI AMMAL

JUDGEMENT

(1.) IN deciding that defendant 1 should pay court-fees on the four sums mentioned in paras. 6 to 9 and the postscript of his order, the learned Judge would have been well advised in not relying so much on check slips issued by the court-fee examiner, but on some provision of law which requires the payment of the court-fee. The learned Government Pleader is quite rightly unable to support the order as it is quite erroneous. The defendant is not putting forward any counter-claim, if such a proceeding is known to the procedure laid down by the Code of Civil Procedure, but making various claims as to items in the partition account to be taken in the suit. The order of the learned Judge is set aside. The costs of this petition will be costs in the cause.