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ishdat Tiwari and anr. Vs. Tameshwar Tiwari and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtAllahabad
Decided On
Judge
Reported in(1923)ILR45All537
Appellantishdat Tiwari and anr.
RespondentTameshwar Tiwari and ors.
Excerpt:
act no. vii of 1870 (court fees act), section 7(v); schedule i, article 1 - court fee--cross-objections--suit to set aside a sale-deed--'legal necessity.' - - i allow them one month within which to make good the deficiency.orderpiggott, j.1. i have considered the office report and the arguments of counsel. the cross-objections are admittedly liable to an ad valorem fee on the subject matter in dispute. this can only be ascertained by an examination of the decrees passed by the courts below. the first court dismissed the plaintiffs' suit: the lower appellate court gave the plaintiff ishdat a decree 'ba qadr jaedad maliyat mubligh rs. 100-10-0.' the defendants in their petition of cross-objections ask for the restoration of the first court's decree. i hold that the value of the subject matter in dispute on their petition of cross-objections is rs. 100-10-0: they must pay an ad valorem fee on this amount. i allow them one month within which to make good the deficiency.
Judgment:
ORDER

Piggott, J.

1. I have considered the office report and the arguments of counsel. The cross-objections are admittedly liable to an ad valorem fee on the subject matter in dispute. This can only be ascertained by an examination of the decrees passed by the courts below. The first court dismissed the plaintiffs' suit: the lower appellate court gave the plaintiff Ishdat a decree 'ba qadr jaedad maliyat mubligh Rs. 100-10-0.' The defendants in their petition of cross-objections ask for the restoration of the first court's decree. I hold that the value of the subject matter in dispute on their petition of cross-objections is Rs. 100-10-0: they must pay an ad valorem fee on this amount. I allow them one month within which to make good the deficiency.


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