STATE BANK OF TRAVANCORE Vs. BHASKARAN

JUDGEMENT

(1.) THE matter is coming up before us on an objection raised by the Taxing Officer that the court-fee paid in the appeal is insufficient. Notice was issued to the Advocate General. We heard counsel for the appellant, Mr. Nandakumara Menon and also the learned Government Pleader, mr. N. N. Divakaran Pillai.

(2.) THE short facts are as follows: THE plaintiff in O. S. No. 136 of 1985, Sub Court , Trivandrum (Bank) is the appellant. THE suit was one for realisation of money. THE court below decreed the suit against the plaint schedule properties. While so, the court allowed the defendants to pay the decree amount on a monthly instalment of Rs. 5,000/- per mensem, and also made it clear that on default of any two consecutive instalments, the entire balance decree amount can be realised in a lump. THE plaintiff -Bank (appellant herein) has objected to that portion of the decree permitting the defendants to pay the decree amount in instalments. This is the subject matter of Ground No. 4 in the appeal memorandum. THE Taxing officer has stated that this ground requires the appellant to pay court-fee under s. 50 of the Kerala Court Fees Act.