Rule 300 — Appeal under paragraph 13(1) of Part A of Schedule XI to the Act.
The rule prescribes how an appeal under paragraph 13(1) of Part A of Schedule XI to the Act is to be made: in Form No. 187, verified in the manner indicated in the form, and accompanied by a fee of Rs. 1000.
Three requirements, all of them formal — the form, its verification and the fee. The rule states no period of limitation and no procedure for the hearing.
Paragraph 13(1) of Part A of Schedule XI gives a right of appeal but not the machinery for exercising it. The rule supplies the form on which the appeal is made, requires it to be verified so the appellant stands behind what is said in it, and fixes a single flat fee of Rs. 1000 that does not vary with the amount in dispute.
| What | Figure | The condition on it | Where |
|---|---|---|---|
| Fee accompanying the appeal | Rs. 1000 | A flat fee, not graded by the amount in dispute | Rule 300 |
All three requirements attach to the appeal itself: it must be in Form No. 187, it must be verified in the manner the form indicates, and the fee of Rs. 1000 must accompany it, so an appeal lodged as a letter or filed with the fee to follow does not meet the rule. The period within which the appeal must be made, and everything about how it is decided, come from paragraph 13 of Part A of Schedule XI rather than from this rule.
An appellant meets it at the point of filing, in the Form No. 187 appeal and the Rs. 1000 fee lodged with it.
shall be made in Form No. 187 and shall be verified in the manner indicated therein and shall be accompanied by a fee of Rs. 1000