MADAN MOHAN DEY Vs. NOGENDRA NATH DEY

JUDGEMENT

(1.) This is a reference by the Taxing Officer under Section 5 of the Court Fees Act.

(2.) The question for determination is, what is the Court-fee payable on an appeal from an order under Section 144 of the Civil Procedure Code.

(3.) Clause 6 of the Notification of the Government of India No. 4650, dated the 10th September 1889, prescribes a Court-fee of Rs. 2 on appeals from orders under Clause (c) of Section 244 of the Code of Civil Procedure, Act XIV of 1882. That Notification would, under the provisions of Section 157, apply to orders under Section 47(1) of the present Civil Procedure Code, which corresponds to Section 244, Clause (c), of the old Code. The question, therefore, is whether an order under Section 144 is an order which decides a question falling under Section 47(1) of the present Code.