SM NALINI BALA DASSI Vs. PANCHANAN DAS BAIRAGI

JUDGEMENT

(1.) This matter arises out of an application made to the Registrar, Appellate Side, under Rule 18 (1) of chap, v, part II, Appellate Hide Rules.

(2.) The material facts are as follows. The petitioner wished to prefer an appeal against the judgment and decree of the Subordinate Judge, Howrah, passed in Title Appeal No. 187 of 1946 of that Court. The subject-matter of the appeal was valued at Rs. 30, a value which had been accepted in the Courts below. The petitioner contended that in view of the provisions of the Bengal Repealing and Amending Act, 1946 (Bengal Act XVI of 1946) whereby Secs.3 to 16, Bengal Court-fees Act (Amendment) Act (IV of 1922) and the whole of the Bengal Court- fees (Amendment No. II) Act (VI of 1922) were repealed there existed no provisions from which the proper court-fee on the memorandum of appeal could be calculated; he accordingly affixed a court-fee of Re. 1/-provisionally and prayed that the Registrar as Taxing Officer should decide the amount of court-fee payable.

(3.) The matter was considered by the Registrar who held that ad valorem court fees were payable and directed that the deficit court-fees amounting to the value of Re. 1/4 be filed within a certain time. This order was not complied with. The petitioner presented an application to the Court by way of appeal against the Registrar's decision. As the fee held by the Registrar to be payable, was not paid within the time fixed, the Registrar directed that the matter be placed before the Division Court for orders.