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1908 DIGILAW 82 (CAL)

Charu Chandra Mitter v. Bhagirath Persad

1908-03-16

body1908
JUDGMENT Mitra and Caspersz, JJ. - We are of opinion that this appeal should have been presented with ad valorem Court-fees according to the decision in Akikunnissa Bibi v. Roop Lal ILR 25 Cal. 183(1897), That decision is consistent with the decision of a Full Bench of this Court with reference to proceedings in execution of mortgage-decrees and we cannot go against It. We are also of opinion that, in the present state of the law as administered in this Court, the Petitioner ought to have paid the ad valorem Court-fees on the value of the appeal. We allow the Petitioner to put in the ad valorem Court-fees within a week. If he fails to do so, the appeal will stand dismissed.