Gangathara Aiyar and Another vs Veta Chetty and Others

The stamp duty on the memorandum of second appeal has now been paid on. Its. 714 being the amount for the realization of which the property

was attached. Before the lower appellate Court could have called upon the respondents in that Court to pay the deficiency of ad valorem fee on

the said amount on their plaint in the original Court, the defendants, the appellants in that Court, should have been ordered within a time to be fixed

to pay the deficient stamp duty on the memorandum of appeal presented by them. The lower appellate Court having failed to do this, we reverse

the order of the lower appellate Court and remand the appeal to the lower appellate Court and direct that it be restored to the file of that Court

and disposed of according to law with reference to the foregoing observations. The costs of this second appeal will be costs in the cause.