JAGAT NARAYAN, J.—A question has arisen as to the amount of court fee payable on a memorandum of appeal against an interlocutory order in proceedings under the Indian Succession Act, 1925. Under sec. 299 of the Act an appeal lies against every order including interlocutory orders. Under Article 4 to schedule 1 of the Rajasthan Court Fees Act the fee payable on a memorandum of appeal against order in proceedings under the Indian Succession Act, 1925 is leviable on an amount equal to one half the fee at the scale prescribed in Article 1 on the amount or value of the subject matter.

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.

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