SUPRAN S. Vs. STATE OF KERALA AND ORS.

JUDGEMENT

(1.) A short legal question arises in the appeal as to whether the plaintiff who suffered the dismissal of the suit for recovery of money is bound to pay court - fee on the future interest claimed on the principal amount, in the light of Explanation III to S.52 of the Kerala Court Fees and Suits Valuation Act, 1959 (hereinafter referred to as "the Court Fees Act").

(2.) The plaintiff laid a suit for recovery of money and damages allegedly based on a work done for the forest department. The suit was valued at Rs.43,58,153/- with 6% future interest till the date of recovery, under S.22 of the Court Fees Act. The court - fee remitted was Rs.3,67,056/-. The defendants resisted the suit and after trial, suit was dismissed. An appeal was levied for the plaint claim valued at the same amount mentioned before the Court below. court - fee payable thereon was quantified at Rs.3,67,056/- which was same as that quantified before the Court below. The court - fee on the future interest claimed @6% was not quantified. The Registry raised an objection that the future interest claimed in the suit and the interest that has accrued pending the suit shall form part of the subject - matter, in the light of Explanation III of S.52 of the Kerala Court Fees Act, except when it is relinquished. Learned Counsel for the plaintiff replied that since there was a dismissal of the suit, the requirement of inclusion of interest up to the date of decree does not arise and in the facts of the case, explanation III of S.52 of the Kerala Court Fees Act does not apply for consideration. In the light of above reply, the matter was placed before the Bench for a decision on this crucial point.

(3.) To understand the controversy involved in the present case, it is essential to refer to S.52 and explanation thereto, as found in the Kerala Court Fees Act. S.52 with the relevant explanation reads as follows: