PUNJAB NATIONAL BANK Vs. FIRM ISARDAS KALURAM

JUDGEMENT

(1.) THE following question has been referred to this Bench for decision :

(2.) THE facts, which have led to this reference, are these:

(3.) THE appellant namely the Punjab National Bank Ltd. filed an application before the Civil" Judge, Alwar, acting as the Tribunal under Section 10 of the Displaced persons (Debts Adjustment) Act (No. LXX) of 1951 (hereinafter called the Act ). Notice was issued to the debtor namely Fi'rm Isardas Kaluram, and it was objected by the debtor that the creditor was not a displaced person, and therefore not entitled to make an application under Section 10 of the Act. This objection prevailed, and the application of the creditor was dismissed. The creditor filed an appeal to the High Court under Section 40 of the Act. An objection was then raised by the debtor respondent on the authority of Kishandas v. Parasram, AIR 1955 Raj 81 (A), that the appellant should pay full court-fee on the amount of Rs. 94,321/6/3. The appellant, however, contended that the case was covered by Schedule II, Article 11 of the Court-fees Act, and therefore, the court-fee already paid was sufficient.