CANARA BANK ANKALI Vs. KRISHNA TUBEWELLS ANKALI

JUDGEMENT

(1.) Orders on office objection regarding the payment of Court-fee payable on the appeal memo:- In this appeal, the office objection is to the effect that Court-fee on the appeal memo is required to be paid according to the rates prescribed by Schedule-I of the Karnataka Court-fees and Suits Valuation Act, 1958, as it stood before the amendment, since according to the office the plaint in the suit out of which this appeal has arisen was presented at a time when Schedule-I was unamended. It is necessary to point out here that Schedule-I is amended by Act No. 2 of 1993 (Karnataka Court-fees and Suits Valuation (Amendment) Act, 1992) which was published in the Karnataka Gazette extraordinary on the 29th day of January, 1993. There is no dispute that the plaint was presented on 25-7-1992. There is also no dispute that the appeal in this case is filed on 7-1-1994, that is to say, admittedly after the coming into force of Act No. 2/1993. There is also no dispute that the valuation in the instant suit is Rs. 2,59,394-93.

(2.) The office has raised objection saying that the Court-fee is required to be paid ad valorem at the rate of Rs. 10% according to the rates prescribed in Schedule I as it stood as on the date of the presentation of the plaint.

(3.) The learned Counsel for the appellant however, took the stand that having regard to the amendment of the schedule particularly with reference to the dates, the Court-fee required to be paid is as per the rates brought into being by way of amendment, since, the appeal is admittedly filed after the coming into force of the said amendment.