R. Bhaskaran, J.

These appeals are filed against the judgment of the District Judge, Ernakulam, against an order passed under S.45(B) of the Kerala Stamp Act. The delay of more than 556 days in filing the appeals was already condoned. The order passed by the District Registrar shows that it is a printed order in all the cases filling up the figures only and without giving any reason for demanding enhanced stamp duty on the documents executed by the respondent herein. It is also stated in that order that the respondent should pay the deficit stamp duty within 15 days of receipt of the order. The District Court has allowed the appeals holding that it is the consideration which was passed between the parties that is relevant for fixing the stamp duty and it is not the market value of the property that is to be taken into account under S.45 of the Act.

2. The learned Government Pleader appearing for the State submitted that the appeal was decided without hearing the respondent and there was no opportunity to put forward the case of the Government before the District Court. No reason is stated in the memorandum of appeal which prevented the appellant's counsel from appearing i