- (1.) THIS is a petition under Article 226 of the Constitution of India against an order of Munsif, Rajgarh refusing to give a finding on issue No. 2 before proceeding with the trial of the election petition.
(2.) PHULIA respondent No. 1 presented an election petition before the Munsif Rajgarh on 11. 1. 1965 challenging the election of Gangaram to the office of Sar-panch, on a court-fee of Rs. 10/ -. Gangaram took an objection in the written statement that court-fee paid was insufficient. On this an issue was framed whether the court-fee paid was insufficient. On 6. 3. 65 PHULIA made up the deficiency in court-fee. Gangaram took an objection that as the election petition had been filed on deficient court-fee and the deficiency was not made up within the limitation prescribed for presenting the election petition the petition was liable to be rejected. The learned Munsif framed an issue on this point but refused to decide it. The learned Munsif clearly erred in doing so. Sec. 11 of the Rajasthan Court Fees Act provides that a decision with regard to whether the court-fee paid was sufficient should be recorded before proceeding further with the case. It further provides that in case there is any deficiency the court should grant time to the party concerned to make up the deficiency and if the deficiency is not made up within the time so allowed the plaint shall be rejected. The question of limitation is not affected if the deficiency in court-fee is made up by the party concerned on the orders of the court within the time allowed by it. As the election petitioner had made up the deficiency on 6. 3. 65 before the court passed any order requiring him to make up the deficiency, the learned Munsif was entitled to proceed with the trial of the petition. The petition will be deemed to have been presented with full court-fees on 11. 1. 65. In view of the above decision issue No. 2 as framed by the learned Munsif may be deleted now. The writ petition is decided as indicated above. In the circumstances of the case, I direct that parties shall bear their own costs of this writ petition. . ;