( 1 ) 1. This appeal by the defendant is directed against the judgment and decree dt. 14-7-1972 made In O. S. 298 of 1969 on the file of the II Additional judge, City Civil Court, Hyderabad, by which the suit instituted by the respondent was partly decreed. That suit was instituted by the wife-respondent In forma pauperis, claiming the return of articles mentioned in a Schedule or their value of Rs. 12,000/- and for costs.

( 2 ) THE point that arises for consideration in this appeal is whether the court can direct the defendant to pay the court fee on the plaint in the suit instituted in forma pauperis where the suit was partly decreed.

( 3 ) THE facts giving rise to the appeal may briefly be stated: The respondent was married to the defendant on 2-7-1967 and the marriage was consumated on 6-7-1967. Her father presented articles mentioned in the a schedule at the time of marriage of the plaintiff They were with the defendant as they were taken to the house of the defendant immediately after the marriage. The plaintiff stayed with the defendant for about 2 months. The defendant was acting under the influence of his sister-in-law. The plaintiff was a graduate. The d