JUDGMENT 1. This is an appeal against an order of the Subordinate Judge of Jamtara, dismissing a certain suit for failure to pay Court-fees within the prescribed time. The suit had been instituted before the Settlement Officer. He had referred the suit to the Civil Court under the provisions of sec. 5 of the Settlement Regulation of 1872. The Subordinate Judge, relying on an order of his predecessor in title suit No. 3 of 1905, called on the Plaintiff to pay in the Court-fees leviable on the institution of the suit. The Plaintiff did not pay, BO the suit was dismissed. The Plaintiff now appeals. It is admitted that the suit was properly instituted before the Settlement Officer; and, under sec. 8 of the Regulation, no Court-fee was payable on the plaint. According to sec. 5, the Civil Court "may proceed to try and determine such suit under the same rules and in the same manner as if the suit had been originally instituted therein." It is contended that this does not mean that the Civil Court is to proceed to try the suit from the beginning as if it was instituted before it on the date on which it was transferred to it, but only that it is to proceed to try the suit as if it had been properly instituted before it, and so, as under sec. 8 of the regulation, the suit, when instituted before the Settlement Officer, was subject to no institution Court-fee, no institution Court-fee has to be paid, when it is transferred, to the Civil Court, though, after its transfer, it is admitted Court-fees are payable. 2. The Government pleader admits the correctness of this argument. We also consider it to be right. We accordingly set aside the order of the Subordinate Judge, dated the 9th March 1906, dismissing the suit and direct that he proceed to try it. This order governs Appeals Nos. 206, 207, 208 and 209 of 1908. The applications under sec. 622 are disallowed.