STATE OF GUJARAT Vs. DAHIBEN WD O PREMCHANDBHAI KALIDAS THAKKAR

JUDGEMENT

(1.) Seven plaintiffs filed Civil Suit No. 1124 of 1967 in the City Civil Court at Ahmedabad for recovering a sum of Rs 25 000/ from the defendant. The amount was claimed from the defendant who is a doctor on the ground that he had been negligent in performing his duties on aCcount of which one Premchand died. The Trial Court decreed the suit in favour of the plaintiffs Nos. 1 6 and 7 and dismissed the claim made by the other plaintiffs on the ground that they were not the dependents of the deceased Premchand. Strangely enough all the plaintiffs appealed against that decree. It was First Appeal No. 356 of 1970.

(2.) At the time of the admission hearing of the appeal this Court directed the Taxing Officer to inquire into the adequacy of the Court-fee paid on the memorandum of appeal. It may be stated at this stage that First Appeal No. 356 of 1970 was filed by the plaintiffs on a Court-fee of Rs. 301. The Taxing officer inquired into the matter and by his order dated 24th December 1970 held that payment of Court-fee on the memorandum of appeal in First Appeal No. 356 of 1970 was governed by Art. 23 of Schedule II to the Bombay Court-fees Act 1959 In his opinion therefor the Court-fee of Rs. 30.00 which the plaintiffs-appellants had paid was proper.

(3.) It is that order which is challenged by the State of Gujarat in this Revision Application which has been filed under sec. 4 of the Bombay Court-fees Act.