( 1 ) WHETHER any Court-fee should be paid in a suit for damages for malicious prosecution is the only point which arises for consideration in the present revisional application, which was taken up for hearing after condonation of the delay of nine days in filing the application in view of the grounds taken in the petition under S. 5 of the Limitation Act.

( 2 ) THE petitioner Dhirendra Nath Mukherjee, a M. R. Dealer at Ukhra, P. S. Andal in the district of Burdwan, was criminally prosecuted on the complaint of the Sub-Divisional Controller of Food and Supplies, Durgapur under S. 406/423 of the Indian Penal Code in G. R. Case No. 1349 of 1973 of the Court of the Sub-Divisional Judicial Magistrate, Durgapur. The petitioner was acquitted by the learned Magistrate by his order dt. 24-6-1983. Following that the petitioner instituted a suit for damages for malicious prosecution against the opposite party, the State of West Bengal, claiming Rs. 55,001/- as damages, being Money Suit No. 36 of 1983 in the Court of the learned Subordinate Judge at Asansol.

( 3 ) THOUGH according to the petitioner no Court-fee is payable in such a suit under S. 7 of the West Bengal Court-fee