T.N.SINGH
MAHPHOOJ HUSSAIN – Appellant
Versus
KIRAN BANO – Respondent
( 1 ) THIS application has been listed today for admission but with consent of counsel for the parties it has been heard and disposed of on merits.
( 2 ) AN application under S. 152, C. P. C. , which was disposed of by the impugned order, provides the basis of challenge in this case. On the said application of the plaintiff the decree was corrected in two ways. Originally, in the decree in the schedule of costs counsel's fee shown was Rs. 937. 50 which, by the impugned order, was corrected to read as Rs. 1,875. 00. Nextly, in the decree as passed originally though there was a direction that "the Court-fee which ought to have been affixed shall be recovered from the plaintiff" the amount of Court-fee was not included in the schedule of costs and as such a further direction in the impugned order is made to the effect that the Court-fee shall be impleaded in the cost of plaintiff. However, what bears emphasis is that the learned Additional District Judge took care also to mention categorically that "separate recovery proceedings should be started for the amount of Court-fee, against the defendant" though he did not spell out how that proceedings had to be started and in
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