JAGAT NARAYAN, J.—This is a petition under Article 226 of the Constitution of India against an order of Munsif, Rajgarh refusing to give a finding on issue No. 2 before proceeding with the trial of the election petition.

2. Phulia respondent No. 1 presented an election petition before the Munsif Rajgarh on 11.1.1965 challenging the election of Gangaram to the office of Sar-panch, on a court-fee of Rs. 10/-. Gangaram took an objection in the written statement that court-fee paid was insufficient. On this an issue was framed whether the court-fee paid was insufficient. On 6.3.65 Phulia made up the deficiency in court-fee. Gangaram took an objection that as the election petition had been filed on deficient court-fee and the deficiency was not made up within the limitation prescribed for presenting the election petition the petition was liable to be rejected. The learned Munsif framed an issue on this point but refused to decide it.

3. The learned Munsif clearly erred in doing so. Sec. 11 of the Rajasthan Court Fees Act provides that a decision with regard to whether the court-fee paid was sufficient should be recorded before proceeding further with the case. It further provides that in

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