- (1.) IN a suit for recovery of Rs. 14784/ - the defendant -respondent raised various objections which resulted in the framing of following issues on 31.10.1981: - 1. Whether the plaintiff has not paid the court fee of proper discretion and if so, what is its effect on the suit? OPD 2. Whether the plaint has not been written on proper stamp paper and if so, what is its effect? OPD.
(2.) THE learned District Judge, accepted the plea of the defendant had held that the plaint cannot be treated as properly stamped in view of Annexure A to the Council Order No. 683 -C of 1937 whereby the mode for the payment of the Court Fee has been provided. -Aggrieved by the order of the learned District Judge, the present revision petition has been filed in this court
(3.) I have heard the learned counsel for the parties and have perused the record as also the provisions of law. The Learned District Judge has held that the Annexure A to Council Order No, 630 -C of the 1937 is mandatory, and if the court Fee is not paid or affixed strictly in accordance with the mode prescribed therein, the same would not be deemed to be properly stamped within the meaning of Section 28 of the Court Fee Act.;