JYOTIRMAY BHATTACHARYA,J. - (1.) The certified copy of the judgement and decree of the learned Trial Court which is filed in Court today, be kept with the record.
(2.) With regard to the payment of court fees, we find from the decree of the Trial Court that the suit was valued at nil and only court fees of Rs. 10/ - was paid by the plaintiff. The present appeal is also valued at nil. Court fees of Rs. 10/ - has also been paid on the memorandum of appeal. Though we find that the suit was not properly valued and sufficient court fees was not paid thereon but the courts below considered the said suit and/or the appeal arising therefrom on merit by overlooking the erroneous valuation of the suit and/or non -payment of proper court fees thereon.
(3.) Be that as it may, since no issue was raised at the instance of the defendants/appellants regarding non -maintainability of the suit due to payment of insufficient stamp and/or defective valuation of the suit, this Court cannot permit the defendants/appellants to raise this point for the first time in the second appeal.;