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1941 Supreme(All) 14

ALLSOP
Abdul Haq – Appellant
Versus
Shamshuddin – Respondent


ORDER

Allsop, J. - This is a second appeal against a decree in a suit instituted against a mortgagee for the recovery of the property mortgaged. The question is how the court-fee should be calculated. The only dispute now is whether the mortgage could be redeemed before the expiry of a period of 15 years. There is no dispute about the amount of money which is to be paid. The Registrar, as taxing officer, has pointed out that the terms in the Court-fees Act as amended are conclusive. In Section 7 of the Act it is said:

The amount of fee payable under this Act in the suits next hereinafter mentioned shall be computed as follows:

...(ix) In suits against a mortgagee for the recovery of the property mortgaged, according to the principal money expressed to be secured by the instrument of mortgage.

2. According to Section 2(v) the term "suit" includes a first or second appeal from a decree in a suit. The part of Section 7 which I have just quoted if expanded according to this definition is in the following terms : "In a second appeal from a decree in a suit against a mortgagee : for the recovery of the property mortgaged; according to the principal money expressed to be secured by the instru

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