MATURI LAKSHMINARAYANA SASTRI Vs. VADLAMANNATI VENKATARAMA SUNDARA

JUDGEMENT

(1.) This appeal is against an order of our learned brother Narasimham, J., holding that the proper Court-fee to be paid on the cross-obections preferred by the apellant herein is Rs. 300.

(2.) The appellant filled O. S. No. 19 of 1959 on the file of the sub-Court, Machilipatnam on foot of two mortgages executed in his favour. A preliminary mortgage decree in favour of the plaintiff for Rs. 20,897 was passed against items 1 to 3 of the plaint schedule. The trial Court, however, directed that the plaintiff would proceed against items 1 and 2 of the plaint schedule in the first instance and if the amount is not realised by the sale of those properties, then only he will proceed against item 3. The mortgagors preferred A.S.No.92 of 1963 to this Court against the decree granted in favour of the plaintiff. The plaintiff sought to prefer cross-objections questioning the direction of the Court below that items 1 and 2 should be proceeded against in the first instance and item 3 can be proceeded against only if the amount realised by the sale of items 1 and 2 is not sufficient to satisfy the decree. The cross-objector paid a Court-fee of Rs. 2 only on the cross-objection. An objection was raised by the office stating that the Court-fee should be paid under section 47 of the Court-fees Act which relates to suits not otherwise provided for. Narasimham, J., held that section 47 of the Act would apply and directed that a Court-fee of Rs. 200 has to be paid, as it was stated that the value of item 3 was Rs. 6,600. But subse quently it was pointed out that it was a mistake and the value was Rs. 66,000 and therefore, the order was modified by directing payment of a Court-fee of Rs. 300 under section 47 (z'v) of the Act.

(3.) The plaintiff mortgagee has preferred the above appeal as against the said order. The maintainability of the appeal itself was questioned but a Bench of this Court by its order dated 31st March, 1966, held that the appeal was maintainable and directed the Letters Patent Appeal to be registered.