ORDER:- The aggrieved plaintiff who is not satisfied with the order passed by the learned District Judge, East Coimbatore, on the question of adequacy of Court-fee paid, is the petitioner.

2. It is common ground that the petitioner secured a decree for possession and for mesne profits, past and future. The future mesne profits were ascertained by the trial Court in an enquiry under Order 20, rule 12, C.P.C. As a result of such an enquiry into mesne profits, the ultimate decree was passed. But while passing the decree, the trial Court was of the view that the plaintiff was not entitled to the rate of mesne profits as claimed, but to a lesser amount. Aggrieved by this, the plaintiff preferred an appeal to the District Court. The learned District Judge passed the following order: “Court-fee is to be paid on the difference at the rate of Rs. 1,700 from the date of suit till the date of appeal. Returned. Time, 3 weeks.”

3. Mr. Mani challenges this order on the following grounds: The excess mesne profits which he is claiming in the appeal is yet to be determined by the appellate Court, and it is therefore premature to call on the plaintiff to pay or suffer an additional Court-fee on the ba

Click Here to Read the rest of this document