Mushtaq Ahmad, J. - (1.) This is a defendant's application in revision against an order of the Munsif Haveli Banaras, allowing futher time to the plaintiff opposite party to pay a certain deficiency in court-fee in a partition suit relating to the joint family property of the parties.
(2.) On 5th July 1947, the Court passed a preliminary decree in the plaintiff's favour, the terms of which are not material for the purposes of this case. The operative portion of the judgment towards the end was this : "That the plaintiff's suit for partition of and for recovery of exclusive possession over 1/5th share of the properties detailed and described in schedules A and B appended at the foot of the plaint is decreed against the defendants. The plaintiff shall get his costs of the suit from defendants 2 and 4, The plaintiff shall pay up the deficiency in court-fees within a fortnight. The shares of defendants 1 and 3 in the properties in the suit detailed and described at the foot of the plaint, the extent of each comes to 1/5th, shall be apportioned and their separate lots shall be prepared, if they pay the requisite amounts of court-fees within a fortnight. Defendants 2 and 4 shall bear their own costs of the suit. Let a commission be issued to the Court Anna for preparing lots. The Amin must submit his report by 15th August 1947.
(3.) The English notes of the learned Munsif of the same date record that "The plaintiff must value his suit for the purposes of payment of court-fee at Rs. 2,620-12-9 3/5. The plaintiff must pay up the deficiency in court-fee within a fortnight.";