U Shin vs Maung Tha Gywe - 1930 Supreme(Rang) 119

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1930 Supreme(Rang) 119

BROWN
U Shin – Appellant
Versus
Maung Tha Gywe – Respondent

JUDGMENT

Brown, J - The appellant, U Shin, originally filed a memorandum of appeal, on a Rs. 2 stamp only on 10th February 1930. Two days later he filed a further court-fee stamp of Rs. 7-8-0. He claimed that the mesne profits which were1 dealt with in the decree under appeal had not been ascertained, and asked for leave to pay in the balance later. The appeal was then admitted by a single Judge of this Court, and notice was issued to the respondents. On 24th March the respondents filed a cross-objection. The question whether this cross-objection had been properly stamped then arose. On 21st May the advocates for both parties were heard as to whether both the memorandum of appeal and the cross-objection 'had been properly stamped, and the appellant and respondents were directed to value the appeal and the cross-objection respectively, and pay additional court-fees accordingly by 11th June. On 11th June the advocate for the appellant stated that his client would not pay necessary court-fees, and an order was passed by a single Judge to the effect that the appeal abated. At the same time the respondents were given, one more day for filing the extra court-fees on their memorandum of ob

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