ORDER The Memorandum of appeal was filed with court fees stamp of Rs. 30 only. The Stamp Reporter in his report dated 11-4-1988 pointed out that the Court fees stamp is short by Rs. 2,366.25 paise. This position is contested by the appellant. He says that in a letters Patent Appeal no court fee at all need be paid as Section 4 of the Court fees Act, does not prescribe filing of any court fee on memorandum of appeal in a Letters Patent Appeal. In support of his contention Mr. Pradeep Kumar, learned counsel appearing on behalf of appellant referred to the decision of this Court in the case of Raghubar Singh and others verses Jethu Mehton. This decision on doubt in very unequivocal terms said that Section 4 of the Court Fees Act, does not entitle the High Court to levy Courts Fees on Letters Patent Appeal and there being to other law under with they can be levied, such appeals must be accepted without Court fees. But it is significant that this very judgment has observed that this was an anamoly and steps for making amendment in the Court Fees Act, may be taken by this legislature. Consequently Section 4 of the Court Fees Act, was amended in the year 1922. It will be convenient to mention here Section 4 as stood before amendment and also as it is after amendment. Before Amendment : “No document of any of the kinds specified in the first or second schedule to this Act, annexed, as chargeable with fees, shall be filed, exhibited or recorded in, or shall be received or furnished by any of the said High Court in any case coming before such Court in the exercise of its extra ordinary original civil jurisdiction or regard appeals from the judgment of two or more Judges of the said Court or of a Division Court unless in respect of the document there be paid a fee of an amount not less than that indicated by either of the said schedule as the proper fee for such document”. After Amendment : “No document of any of the kinds specified in the First or Second Schedule to this Act, annexed, as chargeable with fee shall be filed, exhibited or recorded in, or shall be received or furnished by any of the said High Court is any case coming before such Court in the exercise of its extra-ordinary original civil jurisdiction. Or in the exercise of its extraordinary original criminal jurisdiction. Or in the exercise of its jurisdiction as regard appeals from the judgments (other than judgments passed in the exercised of the ordinary original civil jurisdiction of the Court) of one or more Judges of the said Court, or of a division Court. Or in the exercise of its jurisdiction as regards appeals form the Courts subject to its superintendence; Courts. J as he than was, if we can say with great respect, was absolutely right in saying that no court fees was payable under Section as it stood then, because Section 4 did not mention any appeal against an order passed by a Single Judge to a Division Bench but as we have notice above the position was changed by the amendment in 1922 itself whereby an appeal against an order of Single Judges to a Division Bench was included as one of the documents mention in Section 4. The position, therefore has drastically changed after the inclusion of appeals against an order of Single Judge before a Division Bench in Section 4 of the Court Fees Act. The memorandum of appeal is a document which is included under section 4 as it finds place in Schedule I of the Court Fees Act. 2. The contention of Mr. Pradeep Kumar, therefore, that no court fee can be levied on memorandum of appeal against the judgment passed by a Single Judges, is not correct. 3. The appellant must now pay the court fees by 1-9-1988 failing which the memo of appeal shall stand dismissed without further reference to a Bench. Order against Revenue.