MALLAPPA Vs. THIPPANNA

JUDGEMENT

(1.) This is an appellant's revision against the order dated 4-12-1982 passed by the District Judge, Gulbarga, in R.A. No. 17 of 1981 returning the appeal memo to the appellant for presentation in a proper Court.

(2.) The respondent-plaintiff filed O.S. No. 8 of 1979 on the file of the Civil Judge, Yadgir. The subject matter of the suit was for recovery of Rs. 16,560/-with future interest. The said suit was decreed. The defendant approached the District Judge with an appeal. The total amount recover-able under the decree would be Rs. 25,551-89P. Under Section 49 of the Karnataka Court Fees and Suits Valuation Act, 1958, the interest also will have to be included for the purpose of valuation to be made before the Appellate Court. Under Section 49 of the Act, the appellant will have to pay the court fee on the amount due under the decree till the date of filing of the appeal. Explanation (3) to Section 49 of the Karnataka Court Fees and Suits Valuation Act, 1958, reads as - "In claims which include the award of interest subsequent to the institution of the suit the interest accrued during the pendency of the suit till the date of decree shall be deemed to be part of the subject-matter of the appeal except where such interest is relinquished." Therefore while preferring the appeal, the appellant will have to pay the court fee not only on the subject matter of the original suit but also on the interest subsequently accrued during the pendency of the suit. Therefore it is only for the purpose of ascertaining the value of the subject matter of the appeal that the future interest within the meaning of Section 49 of the Act will have to be calculated and the court fee will have to be paid on the subsequent interest also which has accrued. The valuation for the purpose of payment of court fee is something different form the valuation for the purpose of preferring an appeal. Section 19 of the Civil Courts Act reads as :

(3.) Therefore, the order passed by the Court below ordering the return of the plaint is not correct. Accordingly it is set aside. The revision is allowed. The District Court Should proceed with the appeal according to law. The matter is sent back to the District Court for fresh, disposal according to law.