1966 Supreme(Raj) 142
Rajasthan High Court
Jagat Narayan, J.
Mst. Jaikaur - Appellant
Versus
Nand Singh - Respondents
S.B. Civil Misc. Appeal No. 719 of 1966
Decided On : July 06, 1966
H.C. Jain, for Appellant; R.N. Munshi, Government Advocate
Headnote:Succession Act, Sec. 294—Appeal against interlocutory order—Court fee payable same as under schedule 2, Art.3 of Court Fee Act.
2. In civil suit the court fee payable on a memorandum of appeal against a decree is the same as that payable on the plaint under Article 1 of schedule 1. But the court fee payable on a memorandum of appeal from an order is prescribed under Article 3 to schedule 2. The court fee payable on a memorandum of appeal to the High Court from an order of the subordinate court is Rs. 5/- where the value of the suit is less than Rs. 1000/- and is Rs. 10/- in other cases.
3. It does not appear to have been the intention of the legislature that a memorandum of appeal against an interlocutory order in proceedings under the Indian Succession Act should be taxed under Article 4 to schedule 1. In this connection the decision J.M. Rodrigues vs. A.N. Mathias (1) may be referred to.
4. I accordingly hold that a memorandum of appeal against interlocutory order in proceedings under the Indian Succession Act, 1925 should be taxed under Article 3 of schedule 2. The court fee payable in the present case is thus Rs. 10/-. One weeks time is allowed to the appellant to make up the deficiency.