JUDGMENT

This is an appeal by special leave by the plaintiff - Wakf Board. Its suit for declaration of the right to the passage and possession thereof having been dismissed by the trial Court, a title appeal was filed before the District Judge of Karnal. By an exemption notification on the plaint in a suit of this type filed by the Wakf Board, Court-fee of Rs. 15/- is payable. On its memorandum of appeal, the plaintiff had paid the same amount of Court-fee also. Objection was raised to sufficiency of Court-fee and respondents asked for dismissal of the memorandum of appeal as it had not been sufficiently stamped. As a fact, while Court-fee of Rs. 638/- was payable, Court-fee of Rs. 15/- had been paid. This matter was preliminarily considered by the appellate Court and by the order dated 5-5-1966 the Additional District Judge sustained the objection and directed the memorandum of appeal to be dismissed. The High Court did not interfere when plaintiff took the matter before it. Ultimately special leave had been granted by this Court and at the time of grant of leave, the following order was made:

"As the petitioner is willing to pay deficit Court-fee on the memo of appeal before the