RAMESHWAR Vs. SAGARLAL

JUDGEMENT

(1.) THE respondent sued the appeal-lant for recovery of Rs. 6709/- being the amount of loan plus interest advanced to the appellant on the pledge of rough rubies. THE suit was decreed by the trial court, but a personal decree against the defendant was not granted. THE amount decreed was to be recovered by sale of the articles pledged. THE pltff. filed an appeal, and the learned Distt. Judge held that the defendant was personally liable for the debt. THE defendant has filed this second appeal and paid a court fee of Rs. 10/- under Schedule II Art. 17 (vi) of the Court Fees Act on the allegation that the subject matter of appeal was incapable of valuation. THE valuation of the appeal would obviously be the approximate amount which may remain unrealised after the sale of the pledged goods. Unless the goods are sold, this value is only an approximate one. THE plaintiff in his first appeal had valued the same relief at Rs. 2550/ -. Unless the defendant appellant can satisfy the court that the articles pledged are likely to fetch a higher value, the same value would be considered to be proper in this appeal. THE defendant appellant is therefore, ordered to value his appeal accordingly and pay ad valorem court fee thereon.

(2.) TIME allowed one month. .