Ramesam, J.

1. This matter comes upon reference by the Additional District Munsif of Nellore on account of a difference of opinion between him and the Court Fee Examiner.

2. The facts out of which this reference arises are these. A small cause decree was passed ex parte for Rs. 155-10-0. The defendant then put in a petition to set aside the ex parte decree and filed along with it a security bond executed by a surety for the performance of the decree. It looks as if the security bond was/not originally stamped at all, but, when the petition came on before the Court, the Court ordered the petitioner to affix the usual court-fee stamp of 8 annas to the security bond which was the practice of that Court. The decree has been set aside and the suit restored.

3. The Court Fee Examiner now thinks that the stamp to be affixed to the security bond is not 8 annas stamp under Article 6 of Scheduld II of the Court Fees Act, but a stamp of Rs. 1-4-0 under Article 15 of the Stamp Act. Now Article 15 of the Stamp Act does not apply if the Court Fees Act applies. So we have first to see whether Article 6 of Scheduld II of the Court Fees Act applies or not. For the Court Fees Act to apply two c