LALA PARSHOTAM RAM Vs. KHEM CHAND

JUDGEMENT

(1.) This second appeal has been preferred by the judgment debtor and is directed against an appellate judgment and decree of the Seamed District Judge Mandi and Chamba Districts dismissing an appeal preferred by the appellant against a final decree under Order 34, Rule 8 of C. P. C.

(2.) The appellant has paid a Court-fee of Rs. 4/- on the memorandum of appeal. The office has objected that Court-fee is payable ad valorem under Article 1 Schedule 1 of the Court-fees Act. The correctness of the office report has been challenged on behalf of the appellants. It has been contended on behalf of the appellants that the pre sent appeal is directed against the decree of the learned District Judge which was passed on an appeal against an order and as such the present appeal should also be treated to be against an order. In support of the contention that the appeal in the Court of the learned District Judge was against an order a two fold contention has been advanced on behalf of the appellant (i) that the memorandum of appeal was covered by Article 11 Schedule 2 of the Court-fees Act (ii) that the appellant had filed an appeal against the preliminary decree and had paid Court-fee thereon and he was not, therefore, liable to pay Court-fee again on the filing of appeal against the final decree.

(3.) Re: point No. 1. Article 1 Schedule 1 inter alia covers a memorandum of appeal not otherwise provided for in the Act and according to that Article ad valorem Court-fee is payable on the memorandum of appeal. The contention advanced on behalf of the appellant is that the appeal filed an the Court of the District Judge fell under Article 11 Schedule 2. The relevant portion of that Article reads as below: