Supreme Court · 1991 INSC 242 · Decided 18 September 1991
Mohammad Mahibulla and Anr v. Seth Chaman Lal (Dead) BY LRS. and ORS.
- Court
- Supreme Court of India
- Citation
- 1991 INSC 242 · [1991] SUPP. 1 S.C.R. 179
- Case number
- CIVIL APPEAL No. 1290/1979
- Decided
- 18 September 1991
- Bench
- RANGANATH MISRA, A.M. AHMADI, P.B. SAWANT (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 107(2), 149
Headnote
AND ANR. v. SETH CHAMAN LAL (DEAD) BY LRS. AND ORS. SEPTEMBER 18,1991 (RANGANATH MISRA, CJ., A.M. AHMADI AND P.B. SAWANT, JJ.) Code of Civil Procedure,1908-Sectio_ns 107 (2),149, OrderVII­ Proper court-fees not paid on the memorandum of appeal-Duty of appellate Court indicated-Costs to appeal was tiled before the District Judge. A Court -fee of Rs. 15 was paid on the plaint by the Wakf Board by A B c an exemption notification. On its. memorandum of appeal, the plaintiff D bad paid the same amount of court fee. Respondents asked for dismissal of the memorandum of appeal as It had
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