ishdat Tiwari and anr. Vs. Tameshwar Tiwari and ors.

ishdat Tiwari and anr. vs Tameshwar Tiwari and ors.

Type Court Judgment Court Allahabad Decided Mar 20, 1923

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https://sooperkanoon.com/case/456735

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Citation: sooperkanoon.com/456735
Court: Allahabad
Judge: Piggott, J.
Decided On: Mar 20, 1923
Subject: Civil

Case Summary

AI-generated summary - not the official court judgment text.

Act No. VII of 1870 (Court Fees Act), Section 7(v); Schedule I, Article 1 - Court fee--Cross-objections--Suit to set aside a sale-deed--'Legal necessity.' - - I allow them one month within which to make good the deficiency.

Key legal issue: Civil

Parties & Advocates

Appellant / Petitioner

ishdat Tiwari and anr.

Respondent

Tameshwar Tiwari and ors.

Legal References

Reported In: (1923)ILR45All537

Excerpt

act no. vii of 1870 (court fees act), section 7(v); schedule i, article 1 - court fee--cross-objections--suit to set aside a sale-deed--'legal necessity.' - - i allow them one month within which to make good the deficiency.orderpiggott, j.1. i have considered the office report and the arguments of counsel. the cross-objections are admittedly liable to an ad valorem fee on the subject matter in dispute. this can only be ascertained by an examination of the decrees passed by the courts below. the first court dismissed the plaintiffs' suit: the lower appellate court gave the plaintiff ishdat a decree 'ba qadr jaedad maliyat mubligh rs. 100-10-0.' the defendants in their petition of cross-objections ask for the restoration of the first court's decree. i hold that the value of the subject matter in dispute on their petition of cross-objections is rs. 100-10-0: they must pay an ad valorem fee on this amount. i allow them one month within which to make good the deficiency.

Full Judgment

ORDER

Piggott, J.

1. I have considered the office report and the arguments of counsel. The cross-objections are admittedly liable to an ad valorem fee on the subject matter in dispute. This can only be ascertained by an examination of the decrees passed by the courts below. The first court dismissed the plaintiffs' suit: the lower appellate court gave the plaintiff Ishdat a decree 'ba qadr jaedad maliyat mubligh Rs. 100-10-0.' The defendants in their petition of cross-objections ask for the restoration of the first court's decree. I hold that the value of the subject matter in dispute on their petition of cross-objections is Rs. 100-10-0: they must pay an ad valorem fee on this amount. I allow them one month within which to make good the deficiency.

Same Parties ishdat Tiwari and anr. vs Tameshwar Tiwari and ors. Same Subject Civil Same Judge Piggott, J.

Civil