JUDGMENT

R.M.LODHA, CJI.

1. Leave granted.

2. The appellants are plaintiffs in the suit for declaration and injunction. It is not in dispute that adequate court fee in that regard was paid by the plaintiffs. Lateron, reliefs were amended and prayers for compensation and utilization were also made. However, on the amended valuation, there was deficiency in payment of court-fee but to make up such deficiency, no order was passed by the trial court.

3. The present respondent Nos. 1 & 2 (defendants in the suit) preferred first appeal which was heard by the Additional District Judge, Dehradun. In the first appeal, an objection regarding deficit court-fee was raised by the defendants. The first appellate court, however, observed that while granting amendment in the plaint, the trial court did not prescribe any time limit in connection with the payment of court-fee and even no objection was raised by the defendants in that regard. The aspect of deficit court-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 court-fee in the interest of justice.

4. Against this orde