Jai Singh Gir vs Sita Ram Singh - 1923 Supreme(All) 201

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1923 Supreme(All) 201

LINDSAY, RAFIQUE
Jai Singh Gir – Appellant
Versus
Sita Ram Singh – Respondent

JUDGMENT

1. Only one question is raised in this second appeal. It appears that the appellant who was the plaintiff had his suit dismissed in the Court of first instance. He went to the Court of the District Judge and filed an appeal. According to the valuation of the appeal, which was the same as the: valuation of the suit, the proper Court-fee payable was of Rs. 55, i.e., Rs. 10 in respect of a declaration which was being claimed and Rs. 45 in respect of the claim for possession.

2. The memorandum of appeal was filed on a ten rupee stamp on the 4th November 1921.

3. That was the date on which the Courts opened after the long vacation. The Munsarim recorded a report on the memorandum of appeal stating that the appeal was within time but pointing out that the memorandum of appeal was insufficiently stamped. On the 7th November 1921 the learned District Judge recorded the following order:

I am not prepared to allow further time as only Rs. 10 Court-fee stamp has been paid and Rs. 55 were due. The appeal will be rejected as insufficiently stamped.

4. We may point out, in the first place, that the learned District Judge had no right to reject the appeal on the ground that it was insufficien

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