PIROJSHA BHICAJI Vs. DADABHAI KERSASJI

JUDGEMENT

(1.) In this case security has been furnished and deposit has been made as directed. The appeal has been declared as admitted under Order XLV, Rule 8(a), of the Civil Procedure Code, 1908. Notice of the admission of the appeal has to be given to the respondents under Order XLV, Rule 8(6), of the Civil Procedure Code, and a question has been raised as to whether process fees have to be paid by the appellant for the said notice.

(2.) It is urged on behalf of the appellant that it has been the practice of this Court not to levy process fees on such notices.

(3.) We have ascertained from the office that the practice has not been always uniform. In some instances fees were levied on such notices; but in a majority of the cases no process fees were levied.