R.R. Yadav, J. - (1.) The office has pointed out a defect in the present appeal that the appellant has not paid court fees ad valorem as contemplated under Section 47 of the Rajasthan Court Fee and Suit Valuation Act 1961 (in short the Act of 1961).
(2.) The appellant has filed an application opposing the office objection. It is averred in the application that according to Section 20 of the Act of 1961 the court fee payable under the Act shall be computed in accordance with the provisions of Chapter IV, VI Schedules I and II.
(3.) Article 11(h)(1) of Schedule II of the Act of 1961 envisages a fix court to fee of Rs. 1/- which is to be computed on an application filed under Section 47 and O.21 R.58 CPC. Under Article 3 of the same Schedule a fix court fee of Re. 10/- is to be paid on memo of appeal from an order inclusive of order determining any question under Section 47 of Section 144 CPC and not otherwise provided for when presented. It is further provided under Article 15 3(i)(a) that if the order relates to a suit or proceeding the valuation of which exceeds Rs. 1,000/- in such cases, the appellant is required to pay Rs. 10/- as a court fee and in other cases Rs. 5/-.;