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Gangathara Aiyar and anr. Vs. Veta Chetty and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported in(1904)14MLJ144
AppellantGangathara Aiyar and anr.
RespondentVeta Chetty and ors.
Excerpt:
- - the lower appellate court having failed to do this, we reverse the order of the lower appellate court and remand the appeal to the lower appellate court and direct that it be restored to the file of that court and disposed of according to law with reference to the foregoing observations......realization of which the property was attached. before the lower appellate court could have called upon the respondents in that court to pay the deficiency of ad valorem fee on the said amount on their plaint in the original court, the defendants, the appellants in that court, should have been ordered within a time to be fixed to pay the deficient stamp duty on the memorandum of appeal presented by them. the lower appellate court having failed to do this, we reverse the order of the lower appellate court and remand the appeal to the lower appellate court and direct that it be restored to the file of that court and disposed of according to law with reference to the foregoing observations. the costs of this second appeal will be costs in the cause.
Judgment:

1. The stamp duty on the memorandum of second appeal has now been paid on. Its. 714 being the amount for the realization of which the property was attached. Before the lower appellate Court could have called upon the respondents in that Court to pay the deficiency of ad valorem fee on the said amount on their plaint in the original Court, the defendants, the appellants in that Court, should have been ordered within a time to be fixed to pay the deficient stamp duty on the memorandum of appeal presented by them. The lower appellate Court having failed to do this, we reverse the order of the lower appellate Court and remand the appeal to the lower appellate Court and direct that it be restored to the file of that Court and disposed of according to law with reference to the foregoing observations. The costs of this second appeal will be costs in the cause.


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