Happell, J.

1. The question is whether the appellant is entitled to file a civil miscellaneous appeal and pay court-fee accordingly or whether he must file a regular appeal and pay an ad valorem court-fee. The order made by the Subordinate Judge against which it is now sought to appeal was made on an application by an assignee-decree-holder for recognition of the assignment in his favour and for passing a personal decree; and the application was stated to be made under Order 21, Rule 16 and Order 34, Rule 6 of the Code of Civil Procedure. The order of the Principal Subordinate Judge was that a personal decree was granted for the amount claimed personally against the first defendant and against the joint family properties of defendants 1 and 2. In his appeal petition, the appellant attacks not only the assignment of the decree but the personal decree itself. It was held by the Allahabad High Court in Muhammad Iltifat Husain v. Alim-un-Nissa Bibi I.L.R.(1918) All. 553 that an order on an application for a decree under Order 34, Rule 6 of the Civil Procedure Code is a "decree " as that term is defined in the Code and that therefore an appeal from such an order must bear an ad valo