KHACHERA Vs. KHARAG SINGH

JUDGEMENT

(1.) This matter raises a question of the amount of Court-fees payable upon the objections raised by the respondent to the decree of the Court below. The lower Court has granted a decree to the respondent for Rs. 1,700-2-10 to be recovered by sale of a portion of the mortgaged property. Some of the defendants have appealed. The respondent has filed objections under which he asks this Court to declare that the property of one Data Ram, which has been exempted from the operation of the decree in his favour, is also liable to be sold in execution of that decree. According to the office report the fee which is chargeable upon the memorandum of objection is to be calculated under Clause (i), Section 7 of the Court-Fees Act on the full amount decreed by the lower Court.

(2.) To this objection is taken and reference is made to the Pull Bench ruling reported in Kesavarapu Ramahrishna Reddi V/s. Kotta Kota Reddi 30 M. 96 : 1 M.L.T. 311 : 16 M.L.J. 458 (F.B.).

(3.) In Second Appeal No. 640 of 1899 a similar point was raised and a Division Bench of this Court in the course of its judgment remarked: "To such a case no other clause or section of the Court Fees Act appears applicable except Clause (i) of Section 7."