MOHD.ISMILE Vs. GULAM MARID

JUDGEMENT

(1.) The office has pointed out a defect in the present appeal that the appellant has not paid court fees ad valorem as contemplated under Sec. 47 of the Rajasthan Court Fee and Suit Valuation Act 1961 (in short the Act of 1961).

(2.) The appellant has filed an application opposing the office objection. It is averred in the application that according to Sec. 20 of the Act of 1961 the court fee payable under the Act shall be computed in accordance with the provisions of Chapter IV, VI Schedules I and II.

(3.) Art. 11(h)(1) of Schedule II of the Act of 1961 envisages a fix court to fee of Rs. 1/- which is to be computed on an application filed under Sec. 47 and O.21 R.58 CPC. Under Art. 3 of the same Schedule a fix court fee of Re. 10.00 is to be paid on memo of appeal from an order inclusive of order determining any question under Sec. 47 of Sec. 144 Code of Civil Procedure and not otherwise provided for when presented. It is further provided under Art. 15 3(i)(a) that if the order relates to a suit or proceeding the valuation of which exceeds Rs. 1,000.00 in such cases, the appellant is required to pay Rs. 10.00 as a court fee and in other cases Rs. 5.00.