1. The petitioner filed a suit for declaration that the agreement of mortgage, which was being relied upon by the defendant, was not executed by him and it should be declared that the same was illegal, null and void with further relief to restrain the defendant from interfering with his peaceful possession of the land covered by the alleged agreement of mortgage. On the plaint, the court-fee of Rs. 20.00 as against Rs. 19.50 required for declaration was affixed. The defendant controverted the pleas of the plaintiff. The defendant did not raise any objection that the court-fee was not sufficiently paid on the plaint. Yet the trial Court of its own, made out a point that the court-fee affixed on the plaint was not correct and it required ad valorem court-fee under Art.1, Sch. 1 of the Court-fees Act on the amount of mortgage shown in the agreement and directed the plaintiff to make good the court-fee. In doing so, the trial Court relied upon a Full Bench judgement of this Court in Niranjan Kaur V/s. Nirbighan Kaur, 1981 Pun LJ 423 : (AIR 1981 Punj and Har 368). This is plaintiff s revision against the aforesaid order.

2. After hearing the learned counsel for the parties I am