(1.) THIS appeal is filed by the Defendant against the decree passed by the Additional Deputy Commissioner, Aizawl in an application (suit) filed by the Plaintiff seeking recovery of money from the Defendant. No court fee is paid on the memorandum of appeal. Registry has raised an objection to the effect that court fee is payable.
(2.) THERE is no dispute that the Court Fees Act, 1870 applies to the State of Mizoram. That being so court fee payable on the memorandum of appeal must be paid as indicated in Schedule - I of the Act. Learned Counsel for the Appellant has placed reliance on Rule - 16 of the "Rules for regulation of the Procedure of Officers appointed to administer justice in the Lushai Hills".