Pandit Singh v. Mode Narain Singh .

1. I have considered the cases quoted by Mr. Husnain. The decision was a decision on the merits and all that is no required is to take an account. The appeal is against the decision on the merits and a court-fee ad valorem must be paid.

2. It would have been otherwise if the appeal had been only against the form of the order made, and the relief sought had been an order that the suit be remitted only for decision on the issue undecided.

V.S/R.K

3. Order accordingly.