SKARIA Vs. STATE

JUDGEMENT

(1.) The question for decision is whether the court fee on this application for a review of the judgment in A.S. No. 682 of 1950 should be calculated under Art.3 or 4 of Schedule I to the Travancore-Cochin Court Fees Act, 1125. Art.3 prescribes one half of the fee leviable on the plaint or memorandum of appeal if the application is presented before the ninetieth day from the date of decree and Art.4 for the full fee leviable on the plaint or memorandum of appeal if the application is presented on or after the ninetieth day from the date of the decree. The 89th, 90th, and 91st days from the date of the decree in this case were holidays and the application was presented immediately thereafter, that is, on the 92nd day after the date of the decree.

(2.) It was contended before us that by virtue of S. 9 of the Travancore-Cochin Interpretation and General Clauses Act, 1125, the presentation of the application on the 92nd day should be deemed to be a presentation on the 89th day itself and that only the moiety of the court fee prescribed by Art. 3 of the Schedule I need be paid.

(3.) S. 9 of the Travancore-Cochin Interpretation and General Clauses Act, 1125 provides:-