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ishdatt Tewari and anr. Vs. Tameshar Tewari and ors. - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported inAIR1924All175; 83Ind.Cas.780
Appellantishdatt Tewari and anr.
RespondentTameshar Tewari and ors.
Excerpt:
court fees act (vii of 1870), schedule i, article 1 - cross-objections--court-fees--revenue paying land. - - 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 plaintiff's suit: the lower appellate court gave the plaintiff ishdatt a decree be qadr jaedad maliyat mubligh rs. 100-10'. 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: 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 plaintiff's suit: the lower Appellate Court gave the plaintiff Ishdatt a decree be qadr jaedad maliyat mubligh Rs. 100-10'. 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: 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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