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Civil P C , "The court-fees shall be paid by the defen cannot be applied with retrospective effect dant '* The court-fees payable on Rs 100G so as to deprive the opposite party of the amounted to Rs 107-8-0, but, whether by benefit of the final order made in their mistake or how does not appear, the amount favour on 4th November 1939 In these cir taxed against the defendant was only Rupees* cumstances, it is unnecessary to go into the 7-8-0 that being the court-fee taxable on question whether this application really Rs 100 At a date considerably later an ap involves any question of jurisdiction or the plication was made by the U P Govern question whether there is any substance in ment through the Additional Government' the application on the merits The prelimi Pleader of Lucknow under s 152 asking for nary objection is sustained, the present an amendment of the decree with a view application is not maintainable and is dis to the plaintiff being made liable for the missed accordingly with costs balance of the ad valorem court-fee The GN /rK Application dismissed, learned Munsif thereupon referred to the* judgment of his predecessor and the decree- A I R 1941 Oudh 66 prepared and he took the view that the de* Yorke J, cree was not in conformity with the judg S Mujawir Husain -- Applicant ment and he proceeded to amend the decree? v so as to tax Rs 107-8-0 against the defendant Mt Kishwar Jehan Begam instead of Rs 7-8-0 on account of the court- -- Opposite Party fee payable in the suit It is against this* Civil Bevn Appln   flag  1

AIR 1916 All 327
All India Reporter, Allahabad Series
India - Uttar Pradesh

Cases Referring to this Case

Case Name Citation(s) Court Jurisdiction Date †  Full Text Citation Index
S Mujawir Husain v Mt Kishwar Jehan Begam [1940] AllINRprOudh 123; [1941] AIR Oudh 66 All India Reporter - Oudh India - Uttar Pradesh 20 Sep 1940 AsianLII flag

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