V M MATHEW Vs. CICITY JOHN

JUDGEMENT

(1.) The jurisdiction of the appellate court to consider and decide the sufficiency of the court tee paid in appeal falls for decision in this revision.

(2.) The provision regarding court fee in inter pleader suits is contained in S.48 of the Act, which reads as follows:

(3.) The court below relied upon S.12(4) of the Act and held that an appellate court had jurisdiction to consider the sufficiency of the court fee paid at any time and that there was no fetter on that court's power and hence directed the petitioner, in the first instance, to file a valuation statement regarding the subject matter of the suit and for payment of court fee according to the valuation statement approved. The court below made a passing reference to S.16 of the Act, which according to him would control only the Trial Court, but not the appellate court.