C.P. RAMASWAMY NAIDU Vs. SALAMMAL AND ORS.

JUDGEMENT

(1.) THIS Civil Revision Petition is directed against the order of the learned Subordinate Judge in O.P. No. .. of 1958 directing the petitioner to pay Court -fee as under Article 11(re) of Schedule II of the Court -fees Act of 1955.

(2.) THE petition that was filed in the lower Court was at the instance of the Arbitrator under Section 14(2) of the Arbitration Act, 1940, for filing the award passed by him. The petition was filed with a Court -fee of Rs. 10 under Article 11, Sub -clause (I) of Schedule II of the Act. The learned Subordinate Judge held that the Court -fee paid was insufficient and that the proper Court -fee was payable under Article 11(n); Article 11(n) states:

(3.) THE lower Court's order is set aside and the lower Court is directed to take the application on its file and dispose of it afresh in accordance with law. No order as to costs.