Decided on July 13,1954

Mandapaka Sudarasana Rao Appellant
Challa Narasimham Naidu Respondents


Chandra Reddy, J. - (1.) THIS is an appeal against the judgment of the Subordinate Judge of Srikakulam remanding the suit to the trial Court. The material facts may be briefly stated:
(2.) THE Plaintiff sold the suit properties to the Defendant on 13 -3 -1947 for a stated consideration of Rs. 5,500/ -. Alleging that the consideration actually paid was only Rs. 3,000/ - and there was an agreement for reconveyance of those properties entered into on the same date for this sum of Rs. 3,000/ -, the Plaintiff filed the suit which gives rise to this appeal in the Court of the District Munsif of Srikakulam for specific performance of that agreement of sale. He valued the suit under Section 7, Clause (x), Court -fees Act, at Rs. 639 -1 -9 and paid a court -fee of Rs. 71 -15 -0. One of the defences to the suit was that it was under -valued and court -fee should have been paid on the sum of Rs. 3,000/ - said to be the consideration for the reconveyance of the properties. Agreeing with this, the trial Court called upon the Plaintiff to pay the deficit court -fee and gave him time on 27 -10 -1950 till 6 -11 -1950. This was extended up to 15 -11 -1950. As further time was asked for again on 15 -11 -1950, the trial Court refused to comply with it and dismissed the suit for non -payment of the deficit court -fees.
(3.) THE matter was taken in appeal and the main grounds urged in support of the appeal were that as time was granted till 15 -11 -1950 and since he had time till the evening to pay the court -fee the suit could not. be dismissed earlier in the day and the Court -fee as originally paid by him was correct. The appeal was opposed on the grounds that the correctness of the order of the trial Court on the question of court -fee could not be canvassed in appeal as it had become final and that under Section 12 of the Court -fees Act, the question of compatation cannot be gone into by the appellate Court. Alternatively, it was contendect that the proper court -ice payable is on Rs. 6,500/ - and not on Rs. 3,000/ -.;

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