J U D G M E N T

It is a question of court fee which has been raised by the plaintiffs in this writ petition filed under Article 227 of the Constitution of India. The suit is for a declaration that the proceedings initiated against the plaint schedule property is null and void and not binding on the plaint schedule property and for perpetual injunction restraining the respondents, namely the State, Tahsildar (Revenue Recovery) and a party respondent, from proceeding against the properties for arrears alleged to be due from the party respondent. The suit was decreed on 31/05/1991 as prayed for. The respondents 1 and 2 challenged the decree and judgment in appeal before the District Court. The District Court considered the appeal, A.S.1/1993 and remanded the matter to the Trial Court observing that the matter requires reconsideration. Against the remand order a Civil Miscellaneous Appeal was preferred to this Court, which was dismissed by this Court with a direction to consider certain documents produced by the respondents. Under the impugned judgment, the trial court framed an additional issue concerning the sufficiency of court fee and held that the court fee paid is insufficient. A