OM PRAKASH Vs. SALIG RAM

JUDGEMENT

(1.) By this application under Sec. 151 of the Code of Civil Procedure, respondent Salig Ram prays that the memorandum of appeal filed by Om Prakash and others be rejected as full amount of court fee payable thereon has not been paid and that the interim stay order passed in the appeal may also be vacated.

(2.) Respondent, Salig Ram filed a suit for possession over certain properties. valued at Rs. 1,20,000.00. The trial court decreed the suit for joint possession. Being aggrieved, the defendants Om Prakash and others filed the present appeal valuing it at Rs. 60,000.00, and prayed that the decree for joint possession passed by the trial court be set aside. They affixed the memorandum of appeal with court fees stamps amounting to Rs. 200.00. which was reported by the Stamp Reporter to be sufficient.

(3.) The respondent contends that the appellants were liable to pay court fee, calculated on the basis of the valuation of the appeal as laid down in Art. 1 of Schedule I of the Court Fees Act. As they have not paid full amount of court fees, the memorandum of appeal filed by them deserves to be rejected. Learned counsel for the appellants, however, submits that, as has been accepted by the Stamp Reporter, they were, in the instant case, liable to pay fixed court fee of Rs. 200.00 as provided in Art. 17 (vii) of Sh. II of the Court Fees Act.