Raj Kishore Prasad, J. - (1.) The sole question for determination, in the present appeal, is as to by which party the court fee payable by a pauper plaintiff, who is permitted to sue as a pauper under Order 33, Rule 8 of the Code of Civil Procedure, is to be paid when such a plaintiff partly succeeds and partly fails in such a suit.
(2.) The plaintiff brought a suit for recovery of arrears of maintenance parly at the agreed rate and partly at an enhanced rate, and also for future maintenance at the enhanced rate of Rs. 80/- per month. For the three years immediately proceeding the suit, the arrears were claimed at this enhanced rate of Rs. 80/- per month, but for the remaining years, arrears were claimed at the agreed rate of Rs. 202 per year, as fixed between the parties by their deed of agreement between them.
(3.) The learned Subordinate Judge, who decided the suit, decreed the plaintiff's suit in part. He "fixed the future maintenance at the rate of Rs. 45/-per month, as against Rs. 80/- claimed by the plaintiff, and directed that this increased rate would take effect from the date of the suit. For the years prior to the institution of the suit, however, maintenance was allowed at the agreed rate of Rs. 202/-per year as fixed by the deed of agreement between the parties. As regards the court fee payable by the plaintiff, the learned Subordinate Judge directed that "the court fee payable in the case shall be realised by the Government from the defendants.";