RAMJI Vs. RAMBHUSAN DAS

JUDGEMENT

(1.) Here the objection raised by the Stamp Reporter is that the cross-objection, as filed, is not maintainable in view of the fact that the memorandum of appeal in the main appeal itself now stands finally rejected. The facts necessary for determination of this point are as follows :

(2.) The decree which was sought to be appealed from was passed on the 12th August, 1957. Thereafter a memorandum of appeal against that decree was filed in this Court on the 14th November, 1957 on a court-fee of Rs. 22/8/-. In the opinion of the Stamp Reporter, the court-fee paid was insufficient. Accordingly, the matter, after a number of adjournments, came before the Court on the 16th October, 1958. On that date the order passed as to the payment of deficit court-fee was to the following effect:

(3.) The relevant provision of law on the question of cross-objection is provided in Order 41 Rule 22 Clause (4) of the Code of Civil Procedure, which reads thus :