- (1.) Heard learned counsel for the parties.
(2.) By the impugned order, the learned trial Court has held that the suit as framed is covered by Section 35(1) of the Court Fees Act, and therefore, the plaintiff should pay court-fees accordingly. Obviously, if the court-fee is not paid, the suit should be dismissed.
(3.) The contention of the learned counsel for the petitioner is that on a bare reading of Section 35 as a whole it becomes clear that the present is a suit, which is covered by Section 35(2), and not by Section 35(1).;