BHASKARAN Vs. STATE

JUDGEMENT

(1.) In this case an application was filed on 28/4/1124 for leave to file the appeal as a pauper. The application was accompanied by a memorandum of appeal as enjoined under Or. 43 R. 1 of the travancore civil procedure code. On 28/6/1951 this court rejected the application for leave but allowed the appellant to pay court fee on the memorandum of appeal within six weeks. Before the date of this order the court fees act vi of 1087 which was in force at the time of filing the memorandum of appeal had been repealed and replaced by act II of 1125. In pursuance of the order dtd. 28/6/1951 the appellant paid as court fee Rs. 81-13-6. The amount paid is correct, If court fee is calculated on the scale which was in force on the date on which the memorandum of appeal was filed. But on the scale of fee payable, Under act II of 1125 the courrt - fee paid is deficient. The office has therefore reported that additional court - fee has has to be paid. The question for consideration is whether court fee is payable only on the basis of the scale prescribed in the act which was in force at the time when the memorandum of appeal was filed or whether it is payable as per the provisions of act II of 1125 in force at the time when the order for payment of court fee was made.