1. The facts of this case are as follows. One Genda Lal decree-holder filed an appeal against Dulichand etc. in this Court on 7-12-1949. The appeal was admitted on 10-3-50. On 26-4-1950 the Registrar made a note on the order sheet that the appellant did not pay process fee; hence the case be put up before the Court for orders. For various reasons the case did not come up before the Division Bench for hearing until 9-8-1950. On 9-8-1950 the learned counsel for the appellant submitted an application stating that he paid the process fee of Rs. 2 on or about 15-3-1950 but that appears to be lost in the office. The office, therefore, be ordered to search for the same and if it could not be found the appellant is willing to pay process fee again. In support of this application he filed an affidavit on an unstamped paper. The Registrar has submitted a report for orders stating that the affidavit requires a stamp worth Rs. 1/4 as Art. 4 (a), Stamp Act, is not applicable to it. The question for consideration, therefore, is whether the affidavit in question can be filed in the Court on an unstamped paper.

2. The learned counsel for the appellant refers to Art. 4 (a), Stamp Act, and