COLLECTOR OF KRISTNA Vs. GAJJALA SREERAMAMOORTHY

JUDGEMENT

(1.) PLAINTIFF in O.S. No. 26 of 1920 on the file of the Court of the Additional Subordinate Judge of Ellore sued defendant in forma-pauperis. The decree directed defendant to pay Rs. 250 to Government being pauper stamp duty. Defendant's properties were sold in execution and Government applied for payment of Rs. 229- 11-0 out of the sale proceeds and obtained a cheque for that amount. PLAINTIFF applied for re-deposit inasmuch as he had brought the property to sale, and the District Munsif has allowed his application. Hence this revision petition. The Court fees form a Crown debt and the Crown is entitled to precedence in payment of this debt over all creditors : Gayamond Bala Dassee V/s. Butto Kristo Bairagee (1906) 33 Cal. 1040. The fact that plaintiff brought the property to sale is immaterial. The petition is allowed and the order of the District Judge is reversed. Costs will be paid to the petitioner throughout.