( 1 ) THE present revision application under section 115 of CPC is filed by the state of Gujarat, challenging the rejection of Court Fee Reference No. 5/90 in Regular civil Suit No. 6/90 by judgment and order dated 3rd November, 1992 by the Civil Judge (Junior Division) Valsad.

( 2 ) ). The relevant and pertinent facts in this regard are as under:2. 1 The plaintiffs contended in the plaint that a ship by the name of MSV Jay Sagar, bearing registration No. DISS 2626, although registered in the name of someone else, was acquired from the funds of the HUF of which the plaintiffs and defendants are members. The plaintiffs, therefore, averred in the plaint that the plaintiffs have an interest in the said ship, and specified that such interest of the plaintiffs collectively is to the extent of 25%. The plaintiffs averred that the defendants are trying to physically remove the ship, and/or to dispose of the same and/or to deal with them in a manner detrimental to the interest of the plaintiffs. They, therefore, filed a suit for appropriate permanent prohibitory injunction. During the pendancy of the suit the Inspecting Officer (Court Fees), acting under section 12 and secti