ORDER :- The appellant in First Appeal No. 139 of 1976 has preferred this application for review of the decision of the Taxing Officer under S.5(2) of the Bombay Court Fees Act, 1959. The said appeal was filed by the appellant being aggrieved by the Civil Judge (Senior Division) Akola in Special Civil Suit No. 13 of 1974 on 1-7-1976. The said appeal, after notice, on admission, to the respondents (present N.As.) was dismissed in motion by an order dated 5th July, 1977. Against that order, the appellant, present applicant, preferred a review application to this Court and affixed a five rupees stamp thereon. An office objection was raised that the applicant is liable to pay court fee under Sch.I, Art.8 as it is an application for review of Judgement and decree of this Court. It was contended before the Taxing Officer that in dismissing the appeal in limine, this Court has not passed any decree and what was sought to be revised was an order and not a judgement resulting in a decree. It was contended that the case is covered by Sch.2. Article 1(f)(iii) which is a residuary article. The Taxing Officer overruled the objection and held that the applicant will have to pay ad valorem court

Click Here to Read the rest of this document