JUDGMENT

Tudball, J. - This is a reference by the Taxing Officer. The facts are simple. A suit for sale was brought on the basis of a mortgage. The suit was decreed. One of the mortgagors paid off the amount of the decree. He then brought a suit for contribution against his co-mortgagors in respect of the excess amount paid by him and future interest. He sought to enforce his lien against the defendant's share in the property and obtained a decree for sale. In execution of such decree the property was put to sale, but the debt remained unsatisfied. The plaintiff accordingly applied to the Court under Order XXXIV, Rule 6, of the CPC on the ground that the balance was legally recoverable from the defendant otherwise than out of the property sold. The defendant contested the matter and finally the Court granted the decree mentioned iii Order XXXIV, Rule 6. The defendant appealed to the District Judge from that decree, affixing an 8-annas stamp as Court-fee. His appeal was dismissed and he has come to this Court affixing a stamp of Rs. 2 as Court-fee on the memorandum of appeal. The office has reported that in the case of both the appeals, i.e., in the Court below and in-this Court the