JUDGMENT

1. The taxing Judge has referred two questions of law to a Full Bench. The case itself has not been referred to us. Section 5, Court-fees Act, has in no way been contravened. The final order will be passed by the taxing Judge himself in the light of the observations of this Full Bench.

2. The suit was instituted by the nephew and the son of Sunder Lal, who had executed a mortgage deed on 20th December 1918 in favour of the defendant-appellant Kalu Ram. In the mortgage suit the present plaintiffs also were impleaded under the guardianship of their grandmother. The suit was decreed and a preliminary decree was passed on 16th September 1925, which resulted in a final decree on 2nd April 1927. In the present suit the plaintiffs sought to avoid the mortgage deed on the ground that it was fictitious and without consideration and legal necessity, the compromise on the ground of fraud, and the decree on the ground of negligence and collusion of the guardian. Two main reliefs claimed were as follows : (1) The mortgage-deed dated 20th December 1918, and registered on 21st December 1918 may be adjudged void and ineffectual as against the plaintiffs and it may be cancelled. (2) The comp