S.H.SHETH - (1.) . This revision application has been filed under sec. 4 of the Bombay Court-fees Act 1909 against an order made by the Taxing Officer in the matter of Court-fees. It is necessary to note the material facts of the case. The plaintiff filed the present Suit in the City Civil Court at Ahmedabad against Ahmedabad Municipal Corporation for a declaration that the notice of demolition issued by the Municipal Corporation was illegal and void. He also prayed for a perpetual injunction restraining the Corporation from demolishing the structure in question. The learned trial Judge decreed the suit fully. The Corporation challenged the decree in First Appeal No. 1000 of 1973. On 9th August 1977 the appeal was dismissed by the learned Single Judge. The appellate decree passed by the learned Single Judge is challenged by the Corporation in a Letters Patent Appeal. In this Letters Patent Appeal the plaintiff has filed the cross-objections.
(2.) A question arose whether the court-fees was payable on the cross- objections filed by the plaintiff. The Taxing Officer held that Article 13 in Schedule II to the Bombay Court-fees Act 1959 does not apply.
(3.) It is that order which is challenged by the plaintiff in this Civil Revision Application.;