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Judgment
Objection is taken to the maintenance of this appeal as being made against an order in respect of which no appeal is allowed by the Code of
Civil Procedure. The appeal could only be justified on the ground that the order of the District Judge amounted to a decree within the meaning of
the code. But as the District Judge had no appeal before him, it is impossible to say that he passed a decree. It must be assumed, and indeed it is
not disputed, that the Judge was right in determining the amount of the fee chargeable, and it follows that the memorandum of appeal not being
properly stamped, was of no validity whatever ( Section 28, Court Fees Act). Consequently there having been no appeal and no appellate decree,
there can be no second appeal
The appeal is dismissed with costs.