SECRETARY OF STATE FOR INDIA Vs. BHAGIRATHIBAI

JUDGEMENT

(1.) The question submitted to this Full Bench as amended runs as follows :- Whether, if a plaintiff withdraw from a suit without permission under Section 373 of the Civil P. C. as the result of a compromise by which he obtained a substantial part of the relief claimed, he succeeds in the suit within the meaning of Section 411, or fails in the suit within the meaning of Section 412 of the Civil P. C. ?

(2.) The decisions of this Court in The Collector of Kanara V/s. Krishnappa Hedge (l890) I.L.R. 15 Bom. 77 and in Bai Chandaba V/s. Kuver Saheb Bapu Saheb (1893) I.L.R. 18 Bom. 464 necessitated this reference.

(3.) Section 411 provides that "If the plaintiff succeeds in the suit, the Court shall calculate the amout of Court-fees which would have been paid by the plaintiff if he had not been permitted to sue as a pauper; and such amount shall be a first charge on the subject matter of the suit...."