( 1 ) THIS C. R. P. . Is preferred by the plaintiffs against the finding recorded on 30-10-1987 by the Addl. Civil Judge, Chikodi, in o. S. No. 18 of 1985 on Issue No. I in the negative. Issue no. 1 reads thus: "whether the court fee paid is proper?

( 2 ) THE trial Court has held that the court fee paid is not proper and the plaintiffs have to pay court fee in accordance with the provisions of Section 38 of the Karnataka court Fees and Suite Valuation Act, 1958 (hereinafter referred to as the Act ). Accordingly, the trial Court has directed the petitioners to pay a deficit court fee of Rs. 3561/ -.

( 3 ) THE plaintiffs-petitioners have sought for the following reliefs:" (A) Declaring that the decree passed in o. S. No. 125/81 on. 17-2- 1982 in favour of the defendant-1 against the plaintiff in this Court is illegal, null and void, ultra vires and without jurisdiction and not binding on the plaintiff: (B) Consequently restraining the defendant-1 and persons on its behalf by perpetual injunction from executing the impugned decree passed in O. S. No. 125/1981 against the plaintiff and recovering any amount from the plaintiff on the basis of the said void decree. "

( 4 ) ACCORD