KAN SINGH, J.—This is an appeal under Sec. 54 of the Rajasthan Land Acquisition Act against the judgment of the learned District Judge, Jaipur City dated 4.5.66 and the award of the Addl. Collector, Jaipur dated 31.7.63.

2. The short question which arises for determination at present is whether the appellants are liable to pay ad volerm court fee on the amount claimed by them in this appeal.

3. It is urged by the learned counsel for the appellants that his case is covered by Art. 3, schdl. II of the Rajasthan Court Fees and Suit Valuation Act, 1961. The office has reported on the contrary that the appellant, has to pay ad valorem court fee under Sch. I, Art. 1 of the said Act. The view expressed by the office is supported by the learned Dy. Government Advocate.

4. We have heard learned counsel for both the parties and in our opinion the view taken by the office is correct. It is conceded by the appellants learned counsel that the award given by the Addl. Collector amounts to a decree according to Sec. 26 of the Rajasthan Land Acquisition Act, 1953, which expressly provides that "every such award shall be deemed to be a decree and the statement of the grounds of every such award a judgment within the meaning of Sec. 2 clause (2) and sec.2, clause (9) respectively of the Code". It may be observed that Sch II Art.3 contemplates an appeal from an order and not from a decree. The distinction between an order and a decree is well recognised and needs no elaborate discussion. It may be added that the views which we have taken finds support from the case of Sheo Rattan Rai vs. Mohri (I.L.R. 21 All. 354).

5. Learned counsel for the appellants wants a months time to pay the Court fee. Learned Dy. Government Advocate has no objection to the time being granted. One months time is allowed to the appellant to pay up the court fees as prayed.

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