JUDGMENT :- This is an appeal against the judgment of the Subordinate Judge of Srikakulam remanding the suit to the trial Court. The material facts may be briefly stated :

2. The plaintiff sold the suit properties to the defendant on 13-3-1947 for a stated consideration of Rs. 5,500/-. Alleging that the consideration actually paid was only Rs. 3,000/- and there was an agreement for reconveyance of those properties entered into on the same date for this sum of Rs. 3,000/-, the plaintiff filed the suit which gives rise to this appeal in the Court of the District Munsif of Skakulam for specific performance of that agreement of sale. He valued the suit under S. 7, Cl. (x), Court-fees Act, at Rs. 639-1-9 and paid a court-fee of Rs. 71-15-0.

3. One of the defences to the suit was that it was under-valued and court-fee should have been paid on the sum of Rs. 3,000/- said to be the consideration for the reconveyance of the properties. Agreeing with this, the trial Court called upon the plaintiff to pay the deficit court-fee and gave him time on 27-10-1950 till 6-11-1950. This was extended up to 15-11-1950. As further time wag asked for again on 15-11-1950, the trial Court refused to comply

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