The petitioner herein is the second defendant in OS No.37 of 2003 on the file of the Family Judge, City Civil Court, at Secunderabad. The respondents 1 and 2 herein filed the said suit on 25.07.2001 for declaration of title and possession. The said suit was numbered on 23.04.2003. In the meanwhile, the second defendant obtained a decree in OS No.1203 of 2001 on 12.07.2002. In view of the said decree, the plaintiffs wanted to add the relief of cancellation of decree and, for the said purpose they filed IA No.660 of 2005 in OS No.37 of 2003. The said application was allowed, by an order, dated 31.08.2007, holding that the amendment would take effect from 19.08.2005 and the respondents/defendants were given liberty to take the plea of limitation. Thereafter, the amended copy of plaint was filed and suit is posted for arguments. At the stage of arguments, the plaintiffs filed a memo on 28.12.2012 expressing their readiness to pay the court fee on the additional relief of cancellation of decree passed in OS No.1203 of 2001. Objections were filed to the memo stating that if court fee was paid, then only it can be construed that the plaint was duly instituted. It was also stated that the additional relief cannot be sought without payment of court fee and without valuing for the additional relief at this length of time. The plaintiffs cannot express readiness to pay the court fee without proper application. However, the memo was allowed on 14.03.2013 observing as follows.
