Ishdat Tiwari v. Tameshwar Tiwari

Piggott, J.:— I have considered the office report and the arguments of counsel. The cross-objections are admittedly liable to an ad valorem fee on the subject-matter in dispute. This can only be ascertained by an examination of the decrees passed by the courts below. The first court dismissed the plaintiffs' suit: the lower appellate court gave the plaintiff Ishdat a decree “be qadr jaedad maliyat mubligh Rs. 100-10-0.” The defendants in their petition of cross-objections ask for the restoration of the first court's decree. I hold that the value of the subject-matter in dispute on their petition of cross-objections is Rs. 100-10-0: they must pay an ad valorem fee on this amount. I allow them one month within which to make good the deficiency.