( 1 ) STATE of Gujarat has preferred this Revision Application against the order passed by Civil Judge, Senior Division, Amreli on 3- 10-1992 on Court Fee Reference No. 4 of 1992 in Special Civil Suit No. 95 of 1989.

( 2 ) FEW facts relevant for the purpose of determining the issue in question are as under : 2. 1 Opponent No. 1 herein State Bank of Saurashtra filed a Special civil Suit No. 95 of 1989 in the Court of Civil Judge, Senior Division, amreli against the opponent No. 2 herein Karshanbhai Manjibhai Dobaria for recovery of Rs. 35,933. 00 with interest at the rate of 16% p. a. and cost on 26-9-1989. Opponent No. 1 (hereinafter referred to as the plaintiff) valued the suit at Rs. 35,933. 00 for the purpose of Court Fees. 2. 2 In the plaint, in paragraph 3, it is averred that the opponent No. 2 (hereinafter referred to as the defendant) has, for agricultural purpose, submitted an application for cash credit facilities and cash credit facility of Rs. 1,985. 00 was sanctioned by the plaintiff on 14-6-1987. Some property was mortgaged against this facility. Amount was to be paid with interest at 12% p. a. within a period of one year. 2. 3 Again, on 6-7-1988, defend