JUDGMENT

Niamatullah, J. - This is an application for revision against the order of the Subordinate Judge of Agra declaring that a sum of Rs. 160 was payable by the applicant as deficiency of court-fee and directing that the same be recovered by attachment of his property.

2. It appears that the applicant was the plaintiff in a suit in which he claimed a. declaration that a certain decree, obtained by the defendant, was void and ineffectual against him, the same having been obtained by the exercise of fraud. No consequential relief was claimed. The suit was dismissed by the first Court. An appeal was also dismissed by the learned Subordinate Judge. Some time during the pendency of the litigation, the Chief Inspector of Stamps reported that the plaintiff was liable to pay Ks. 160, the ad valorem court-fee on the consequential relief which he ought to have claimed. No action appears to have been taken on this report before the appeal was decided by the learned Sub-Judge. Somehow the matter was brought to his notice on 2nd February 1931, after the appeal had been decided when he passed the order sought to be revised. The Court has no right to say that the plaintiff should have claimed c