AJMERSINGH vs RAMSINGH - 1931 Supreme(Nagpur) 45

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1931 Supreme(Nagpur) 45

SUBHEDAR
AJMERSINGH – Appellant
Versus
RAMSINGH – Respondent

Advocates Appeared:
Abdul Razak, Advocates

JUDGMENT

Subhedar, A J C—The facts leading to this application for revision are shortly these; The applicant had filed a regular appeal in the Court of the Additional District Judge, Narsinghpur, and on receipt of notice of the appeal the non-applicant filed cross-objections under O. 41, R. 22 (1), Civil P.C. The applicant's appeal was held by the lower appellate Court to be insufficiently stamped and the applicant was directed to pay the full court-fees by a certain date. On his failure to do so the appeal was ''dismissed'' as insufficiently stamped. The non-applicant respondent thereupon pressed that his cross-objections should be heard on merits, but the appellant applicant contended that as the appeal itself stood rejected for want of proper court-fee stamp the cross-objections also abated and the Court could not hear and dispose of them on merits. The Additional District Judge having rejected the plea of the applicant, he has come up to this Court in revision.

2. The question for determination in the case therefore is whether upon a memorandum of appeal being rejected for deficiency in payment of court-fees the cross-objections filed in the appeal abate. The answer to this depen

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