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Mukhaj Singh Vs. Rup Singh and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtAllahabad High Court
Decided On
Judge
Reported in(1885)ILR7All887
AppellantMukhaj Singh
RespondentRup Singh and ors.
Excerpt:
'decree' - order rejecting memorandum of appeal for deficiency of court-fee--act xv of 1877 (limitation act), schedule ii, no. 179 (2). - brodhurst and tyreell, j.1. the order made in this case by the judge of this court, exercising jurisdiction in respect of the registering of appeals which are challenged on the ground of deficient payment of the court-fees required by law, is equivalent to a decree, and therefore the decree-holder has rightly been held to be within time in making his present application, which is not more than three years from the date of that order.2. the appeal is dismissed with costs.
Judgment:

Brodhurst and Tyreell, J.

1. The order made in this case by the Judge of this Court, exercising jurisdiction in respect of the registering of appeals which are challenged on the ground of deficient payment of the court-fees required by law, is equivalent to a decree, and therefore the decree-holder has rightly been held to be within time in making his present application, which is not more than three years from the date of that order.

2. The appeal is dismissed with costs.


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