The aspect of deficit companyrt fee came to the knowledge of the plaintiffs at the time of preparation of decree only and, therefore, an opportunity deserved to be granted to the plaintiffs to make up the deficit companyrt fee in the interest of justice.
The first appellate companyrt, however, observed that while granting amendment in the plaint, the trial companyrt did number prescribe any time limit in companynection with the payment of companyrt fee and even numberobjection was raised by the defendants in that regard.
1 and 2 filed a writ petition under Article 227 of the Constitution of India.
1 2 defendants in the suit preferred first appeal which was heard by the Additional District Judge, Dehradun.
However, on the amended valuation, there was deficiency in payment of companyrt fee but to make up such deficiency, numberorder was passed by the trial companyrt.
It is number in dispute that adequate companyrt fee in that regard was paid by the plaintiffs.
In the first appeal, an objection regarding deficit companyrt fee was raised by the defendants.
Lateron, reliefs were amended and prayers for companypensation and utilization were also made.
Against this order of the first appellate companyrt, respondent Nos.
M.LODHA, CJI.
Leave granted.
The present respondent Nos.
The appellants are plaintiffs in the suit for declaration and injunction.
