ORDER

Aikman, J. - This is a reference u/s 5 of the Court Fees Act, 1870.

2. The question for decision is as to the proper fee leviable on an application for review of judgment presented on or after the 90th day from the date of the decree, when the application refers only to a portion of the decree. Article 4, Schedule I, of the Act provides that the fee leviable on an application for review of judgment presented on or after the 90th day from the date of the decree is the fee leviable on the plaint or memorandum of appeal." I have had the advantage of hearing the question argued by the learned Vakil for the applicant and by the learned Government Advocate as representing the Crown. The Act, it will be seen, draws no distinction between applications for review of judgment when the application affects the whole of the decree or only a portion thereof. No doubt the leading principle of the Act is that the amount of the Court fee bears relation to the amount of relief sought, but in the words which I have to construe, I can find nothing to make this principle applicable. The proper fee for an application for review of judgment is declared to be the fee leviable on the plaint or memorand