JUDGMENT 1. - The office has pointed out a defect in the present appeal that the appellant has not paid court fees ad valorem as contemplated under Section 47 of the Rajasthan Court Fee and Suit Valuation Act 1961 (in short the Act of 1961). 2. The appellant has filed an application opposing the office objection. It is averred in the application that according to Section 20 of the Act of 1961 the court fee payable under the Act shall be computed in accordance with the provisions of Chapter IV, VI Schedules I and II. 3. Article 11(h)(1) of Schedule II of the Act of 1961 envisages a fix court to fee of Rs. 1/- which is to be computed on an application filed under Section 47 and O.21 R.58 CPC. Under Article 3 of the same Schedule a fix court fee of Re. 10/- is to be paid on memo of appeal from an order inclusive of order determining any question under Section 47 of Section 144 CPC and not otherwise provided for when presented. It is further provided under Article 15 3(i)(a) that if the order relates to a suit or proceeding the valuation of which exceeds Rs. 1,000/- in such cases, the appellant is required to pay Rs. 10/- as a court fee and in other cases Rs. 5/-. 4. Having perused the relevant provisions of the Act of 1961 I am of the view that disposal of an application under O. 21 R. 58 CPC is an integral part 20 of Section 47 CPC, therefore, the appellant is required to pay only fix court fee of Rs. 10/- as the valuation of appeal in the instant case exceeds Rs. 1,000/-. In my considered opinion if there is any ambiguity between Article 3 and Article 11(h) leading to two different interpretations; one in favour of a subject and another against it; then the Court should prefer to adopt an interpretation which is in favour of the subject. 5. On the basis of the aforesaid discussion it is held that in the present case the appellant has correctly paid Rs. 10/- and the office objection requiring the appellant to pay court fee ad valorem is hereby overruled. 6. The office is to give a regular number to the instant appeal and list it for admission on 17.1.2000.Order accordingly. *******