JUDGMENT

B.D. Gupta, J. - This is an appeal from an order of the learned 1st Additional Civil Judge of Kanpur rejecting a preliminary objection raised on behalf of the judgment debtor in connection with proceedings for execution of a decree for, among other things, pendente lite and future mesne profits. There is no controversy that the plaintiff-decree-holder, who is a deity, had been allowed to sue as a pauper. When the decree-holder applied for execution of the decree for mesne profits the objection, among others, raised on behalf of the judgment-debtor was that execution could not proceed in respect of mesne profits, regarding which the decree-holder had not yet paid any court-fee, until court-fee was paid by the decree-holder. The learned Additional Civil Judge took the view that the amount of court-fee payable on mesne profits would be a lien on the money that may be realised by execution and the decree-holder will not be allowed to receive any amount so realised until court-fee was paid, but that court-fee was not a condition precedent before execution could be proceeded with. Having beard learned counsel for the judgment-debtor-appellant we are of the opinion that the view t