JAGDISH CHANDER Vs. DURGA DASS

JUDGEMENT

(1.) THIS is an appeal against the judgment and decree of the learned District Judge, Jammu, dated 21 -8 -1968, dismissing the appeal preferred by the appellants from the judgment and decree of the learned city judge, Jammu, as time barred.

(2.) SHRI B. L. Suri, appearing for the respondents has taken a preliminary objection to the effect that the memorandum of appeal has not been properly stamped and unless the appellants Nos. 1 and 2 pay ad valorem court fee on the decretal amounts of Rs. 4976/ - and Rs. 11,843/ - respectively the appeal cannot be entertained. In support of his contention the learned counsel has invited my attention to two rulings of this court reported as A. I. R. 1956 J&K, 35 and A. I. R. 1963 J&K, 9.

(3.) SHRI Rachpal Singh appearing for the appellant has tried to meet this objection by contending that the memorandum of appeal filed by the appellants cannot be said to be deficiently stamped especially in view of the direction contained in the concluding portion of the judgment of the trial court to the effect that the respondents shall pay the remaining court fees on the amounts decreed in their favour at the time of filing of an application for execution of the decree. According to the learned counsel this order makes the adjudication a provisional one and takes it out of the ambit of final decree and as such the court fees paid on the memorandum of appeal cannot be said to be deficient.