KAMAN MADA Vs. MALLI

JUDGEMENT

(1.) The petitioners seek for revision of the decree of the District Munsif, Kollegal, in O.S. No. 153 of 1922 on the following ground: The petitioners are defendants and judgment-debtors in a pauper suit. In assessing the costs the Court has ordered them to pay Rs. 175 as Court-fee on the plaint which would be correct if the old Court Fees Act were applicable. But if on the day the plaint was filed the new Act was applicable, then the fee, chargeable on the value of one year's maintenance, would be considerably less.

(2.) The point for determination is, therefore, when was the plaint filed.

(3.) The application to sue as a pauper was presented under Order 33, Rule 3 on 23 December, 1921, when the old Act was in force. The applicant was allowed to sue as a pauper under Order 33, Rule 7. on 30 June, 1922, when the new Act was in force. The application was then numbered and registered and deemed the plaint in the suit under Order 33, Rule 8. The petitioners plead that it would only be so deemed for the purpose of levying the Court fee on the date when it was numbered and registered. The counter -petitioner contends that it must be deemed to have been filed as a plaint from the date of presentation.