Newbould and Panton, JJ.:— This is a ??? under Order XLVI, rule 1 of the Code of Civil ??? made by the Munsif of Meherpur and ??? by the District Judge of Nadiya.
In a certain claim case the claimant filed a ??? bond executed by one Yad Ali Ahmed who agr to be liable for 10 rupees in case he failed to ??? certain attached goats. The question ??? whether this bond had been rightly engrossed ??? non-judicial stamp paper of 2 annas, or whether ??? governed by Article 6, Schedule II of the Court ??? Act, in which case it would be liable to be ??? with court-fee stamp of 8 annas. Article 15 of ??? First Schedule to the Indian Stamp Act gives, stamp duty payable on bonds not being otherwise ??? for by the Court Fees Act. Article 6 Schedule II of the Court Fees Act applies to ??? of obligation given in pursuance of an on made by a Court under any section, of the Code Civil Procedure, 1908. The same point arose ??? reference made under Section 60 of the Indian ??? Act to the Madras High Court [Re District Mur of Tiruvallur] and it was there held that at of this kind may be said to be given in ??? an order made by a Court under a section of the C Procedure Code, and it was held that the ??? stamp was 8 annas stamp under the Court Fees ??? We are in agreement with this conclusion and accordingly answer the question referred by say; ??? that the deed in question is governed by Article ??? Schedule II of the Court Fees Act and that the ??? stamp is 8 annas court-fee stamp.
S.M