This is a Civil Revision petition against the finding of the Munsiff, Sadar on pre­liminary issues 3 and 4 in the Suit wherein he held that the Court-fees paid by the respondent for his counter-claim in M. S. No. 8 of 1957 in the Subordinate Judge's Court can be validly used as Court-fee for his plaint in M. S. No. 124 of 1957 on the file of the Munsiff, Sadar.

(2) The petitioner herein filed M. S. No-. 8 of 1957 against the respondent and his son in the Court of Subordinate Judge, Agartala claiming a sum of Rs. 2100/- on the basis of an oral loan taken by them from him. The respondent herein who was the first defendant in the Suit denied the claim in his written statement and at the same time he made a counter-claim against the petitioner of a sum of Rs. 1400/- on the basis of an oral loan.

He also paid the necessary Court-fee for the counter-claim. The petitioner denied the counter­claim. Issues were also framed in the suit regarding the truth of the petitioner's claim and regarding the truth of the counter-claim. The learned Sub­ordinate Judge appears to have taken evidence on the claim of the petitioner as well as the counter­claim made by the respondent.

But in dismissing the Sui

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