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1951 Supreme(All) 48

MOOTHAM
CHIEF INSPECTOR OF STAMPS – Appellant
Versus
RAM AVADH CHOWDHURY – Respondent


Advocates Appeared:
GOPALJI MEHROTRA, S.C.Asthna

MOOTHAM, J.

( 1 ) THIS is an application in revision under Section 6-B, Court-fees Act, by the Chief Inspector of stamps against an order of the learned District Judge of Basti.

( 2 ) A wife obtained a decree for maintenance in a suit on which, it is common ground, the court-fee was properly calculated in accordance with the proviso to Section 7 (ii) (a), Court-fees act. Under that Sub-section the court-fee payable is, in a suit for maintenance and annuities or other sums payable periodically, to be computed "according to the value of the subject matter of the suit and such value shall be deemed to be tea times the amount claimed to be payable for one year : provided that in suits for personal maintenance by females and minors, such value shall be deemed to be the amount claimed to be payable for one year. "

( 3 ) THE husband appealed against the decree of the trial Court and he contended that the court-fee payable on the memorandum of appeal was also to be computed in the manner laid down in the proviso to Section 7 (ii) (a ). This contention was upheld by the learned District Judge, but it is argued on behalf of the Chief Inspector of Stamps that the court-fee on the appeal should





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