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The Court of Wards and ors. Vs. Chhabraji Kunwar and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtAllahabad
Decided On
Judge
Reported in(1913)ILR35All92
AppellantThe Court of Wards and ors.
RespondentChhabraji Kunwar and ors.
Excerpt:
act no. vii of 1870 (court fees act), section 7, clause ix - decree on mortgage--separate liabilities of distinct properties--appeal in respect of distinct properties. - - 1. this case is clearly distinguishable from the case in f. the rest of the decree-holder's decree for various other sums and for various other properties will still hold good even if the appellants' appeal succeeds. 365. i allow one fortnight to make good the deficiency.tudball, j.1. this case is clearly distinguishable from the case in f.a. no. 197 of 1912, here various properties have been held separately liable for separate sums of money. the present appellants are transferees of two parts of property which have been held liable for specific sums of money. if they succeed in their appeal it is only those properties which will be released from the operation of the decree and it is only these sums which the decree-holder will lose. the rest of the decree-holder's decree for various other sums and for various other properties will still hold good even if the appellants' appeal succeeds. the correct stamp on this appeal will be rs. 365. i allow one fortnight to make good the deficiency.
Judgment:

Tudball, J.

1. This case is clearly distinguishable from the case in F.A. No. 197 of 1912, Here various properties have been held separately liable for separate sums of money. The present appellants are transferees of two parts of property which have been held liable for specific sums of money. If they succeed in their appeal it is only those properties which will be released from the operation of the decree and it is only these sums which the decree-holder will lose. The rest of the decree-holder's decree for various other sums and for various other properties will still hold good even if the appellants' appeal succeeds. The correct stamp on this appeal will be Rs. 365. I allow one fortnight to make good the deficiency.


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