SYNDICATE BANK Vs. R S R ENGINEERING WORKS

JUDGEMENT

(1.) Heard the learned Counsel for the appellants.

(2.) A question on Court Fee payable by the appellants-Bank has been raised in these two appeals. The office is of the view that the appellants have to pay Court Fee on ad-valorem basis since the relief against respondents 2 and 3 has to be valued as per the provisions of Section 49 of the Karnataka Court-Fees and Suits Valuation Act, 1958, (in short the 'Act').

(3.) The suits against respondents 2 and 3 for the recovery of a sum of Rs 35.157-68/- were dismissed by the trial Court, but the suits against respondents 1 and 4 were decreed although the appellants had prayed for a decree jointly and severally against respondents 1 to 4. The appellants have come up in these appeals seeking a decree against respondents 2 and 3 jointly and severally with the other two respondents. The relief claimed by the appellants. Bank against respondents 2 and 3 is the same as claimed by it in the trial Court. Therefore, the provisions of Section 49 read with Explanation (1) of the Act are attracted. They read as under:-