KUNJA MORAN Vs. CHIEF SECRETARY GOVT OF ASSAM

JUDGEMENT

(1.) Heard Mr. SK Barkatoky, learned counsel ibr the appellant. Also heard learned Govt. counsel for the respondents.

(2.) "Whether the learned court below fell into serious error in depriving the appellant for realizing the money from the respondent on the ground of court fee without invoking Section 149 of the CPC" is the substantial question of law which in essence has necessitated this second appeal.

(3.) The appellate court by its order dated 27.07.99 passed in TA No. 1/97 which is under challenge in this second appeal though affirmed the finding of the trial court holding that the appellate was the lawful owner of 39 Nos. of logs which was the subject matter of the instant Title Suit, being the products from the Patta land of the appellant, ruled that the appellant was debarred from realizing any money tor those seized logs as no court fee was paid for any consequential relief for entitling the appellant to get a mandatory injunction for recovery of such money.