AIR 1956 SAURASHTRA 93

Saurashtra High Court

Hon'ble Judge(s): Shah , C.J. AND Baxi , J

(A) Civil P.C. (5 of 1908) , S.115— Decision as to court-fee given in favour of plaintiff - Revision will not lie. Court-fees Act (7 of 1870) , S.12— Where a favourable decision has been given as regards court-fee to the plaintiff, the High Court has no power of revision under S. 115, Civil P.C. The mistake, if any, can be corrected by the appellate Court under S. 12 Court-fees Act, 1633 Mad 506 (AIR V 20) Rel. on.(Para 2) Anno : AIR Com. C.P.C. S. 115, N. 27b; Court-fees Act, S. 12. N. 13. (B) Court-fees Act (7 of 1870) , S.12— Government"s right to be heard as regards court-fees payable. There is no specific provision in the Court-fees Act, as applied to the State of Bombay (which) applies to Saurashtra by which a question as to court-fees is made a question between the Government and the party to the action, on the strength whereof the Government can claim a right to be heard before an order is made as regards the proper court-fee payable. The Government, therefore, has no right to be heard by either the original or the appellate or revisional Court; and the fact that the trial Court had issued a notice to the Government Pleader and heard him before making the order does not alter the position. 1933 Mad 506 (A....