PRANABANDHU DALAI Vs. BABURAM PARIDA

JUDGEMENT

(1.) This matter involves payment of ad valorem court-fee through the impugned order.

(2.) Challenging the direction of the lower appellate court directing the petitioner to pay ad valorem court-fee in the decree involved in the appeal bearing R.F.A. No.231/2016, Sri S.K.Mishra, learned counsel for the petitioner referring to the order part of the judgment in the suit contended that for the specific challenge involving the partition only, the lower appellate court was not proper in directing the petitioner, appellant therein to pay ad valorem court-fee. Taking this Court to the plaint averments as well as the averments in the appeal memorandum involving R.F.A. No.231/2016, Sri Mishra, learned counsel for the petitioner tried to justify his claim.

(3.) Sri A.R.Dash, learned counsel for the opposite party, while opposing the stand taken by the learned counsel for the petitioner and referring to the decree involved in the plaint and the challenge involved in the appeal to the whole decree of the lower court, on the other hand, submitted that there is no illegality committed by the lower appellate court in asking the petitioner to pay ad valorem court-fee.