( 1 ) THIS is an appeal under Section 6, U. P. Court fees Act filed by the defts. and it is directed against an order passed by the lower appellate Court dated 2-6-1948, directing the appellants to pay the court, fee on the valuation of the appeal.

( 2 ) IT appears that a suit for maintenance was instituted by one Mt. Jotia against the defts.-appellants. She was allowed to sue in forma pauperis. She was successful in the Court of first instance. Against the decree passed by the Court of first instance, the appellants went up in appeal to the lower appellate Court. A question of the sufficiency of court-fee payable on the memorandum of appeal arose on the report of the Inspector of Stamps. The learned Judge, who was seised of the appeal, decided that the report of the Inspector of Stamps was correct. He accepted it and ordered the appellants to pay court fee according to the value of the appeal. Against the order of the learned Civil Judge, the appellants have now come up in appeal to this court. At the time of decision of the appeal under Order 41, Rule 11, Civil P. C. , the learned judge, Bind Basni Prasad J. expressed some doubts about the correctness of the decisi