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NASIM ALI, HENDERSON
Indu Bhusan Roy Choudhury – Appellant
Versus
Secy. of State – Respondent
JUDGMENT
Henderson, J. - This is a Rule obtained by the petitioner calling upon the Secretary of State for India in Council to show cause why the petitioner should not be granted a certificate authorizing him to receive back from the Collector a certain sum paid as court-fees on a plaint. The facts which require to be noted are as follows: The petitioner is the common manager of a certain estate in the district of Bakargunj. His predecessor instituted a suit for rent in the Court of the Subordinate Judge at Khulna: the plaint was insufficiently stamped; several adjournments were granted in order to enable the plaintiff to pay the deficit but eventually the plaint was rejected on 20th July 1933. Then on 13th March 1934 the petitioner applied to pay the deficit court-fees and he was given five days within which to do so. The Subordinate Judge then restored the suit to the file, purporting to act u/s 151, Civil P.C. One of the defendants then obtained a rule from this Court, which was eventually made absolute it being held that the petitioner's proper remedy was by way of appeal and that the Subordinate Judge's order was passed without jurisdiction: it was accordingly set aside. The pe
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