Summarize the following court judgment. Civil Appeal No. 1264 of 1978. Appeal by Special Leave from the Judgment and order dated 11 8 1976. Of the Madras High Court in CRP. No. 2084/76. K. section Ramamurthy	 A. T. M. Sampath	 section Gopalakrishna and A. N. Ramjani for the Appellant. K. Jayaram and K. A. Bala Subramaniam and K. Ram Kumar for the Respondents. ORDER Leave granted. It is unfortunate that long years have been spent by the courts below on a combat between two parties on the question of court fee leaving the real issues to be fought between them to come up leisurely. Two things have to be made clear. Courts should be anxious to 69 grapple with the real issues and not spend their energies on peripheral A ones. Secondly	 court fee	 if it seriously restricts the rights of a person to seek his remedies in courts of justice	 should be strictly construed. After all access to justice is the basis of the legal system. In that view	 where there is a doubt	 reasonable of course	 the benefit must go to him who says that the lesser court fee alone be paid. In this particular case there is hardly any difficulty in holding that the plaintiff in paragraph 14 of the plaint has clearly alleged that sh.	 is in joint possession and is seeking partition and separate possession of her half share in the suit properties as heir of deceased	 Paramayee. Obviously	 the court fee that is payable is as she has claimed	 namely under sec. 37(2) which corresponds to article 17(b) of the Central Act	 which is the predecessor legislation on the subject. We allow the appeal and send the case back to the trial court and direct that court to proceed with the suit expeditiously. We make it clear that our decision on the question of court fee does not have any implications on the merits including the validity or otherwise of the Will. No costs.

The appellant paid the correct court fee under Section 37(2) of the Madras Court Fees and Suits Valuation Act clearly alleging in para 14 of the plaint that she is in joint possession and is seeking partition and separate possession of her half share in the suit properties as heir of deceased Paramayee. The preliminary objection as to the correct court fee payable raised and taken up resulted in the final appeal before this court. Allowing the appeal by Special Leave	 the Court ^ HELD: (a) Courts should be anxious to grapple with the real issues and not spend their energies on peripheral ones. [68H	 69A] (b) Court fee	 if it seriously restricts the right of a person to seek his remedies in Courts of justice should be strictly construed. Since access to justice is the basis of the legal system	 where there is a doubt	 reasonable of course	 the benefit must go to him who says that the lesser court fee alone be paid. [69A] In the instant case	 the court fee that is payable is under s.37(2) of the State Act	 which corresponds to article 17 D of the Court Fees & Suits Valuation Central Act	 which is the predecessor legislation on the subject.