BEGUM AFTAB ZAMANI Vs. LAL CHAND KHANNA

JUDGEMENT

(1.) The question which this Full Bench is called upon to decide relates to the amount of court-fee payable on appeal presented by an aggrieved party under section 10 of the Delhi High Court Act (hereafter called the Act) against the judgment of a learned Single Judge of this High Court given in the exercise of ordinary original civil jurisdiction conferred by the Act, to a Division Court thereof. Section l0 may now be read:

(2.) The distinctive features of this provision is that it provides for an appeal from a judgment and not from a decree and the appeal lies from the judgment of a Single Judge to a Division Court of the same High Court. It is worth noting that the judgement of a Single Judge, as also that of the Division Court on appeal, acting within their respective jurisdictions, are both considered to be judgments of the High Court. The controversy, we may point out, centres round a very narrow point. It is agreed, and is common case of the parties, that if court fee is not payable in accordance with Article 11, Schedule II of the Court Fees Act, then it would indisputably fall within the purview of Article 1 of Schedule I, which provides for payment of ad valorem court fee computed on the amount or value of the subject matter in dispute on appeal. We are, therefore, only confined to the scope and effect of these two Articles. These articles, so far as relevant may now be read:

(3.) It is not necessary to reproduce the remaining contents of columns 2 and 3 because it is only the contents of column 1 which require construction.