AMBILI Vs. FEDERAL BANK LTD

JUDGEMENT

(1.) S.52 of Court Fees Act deals with the fee payable in an appeal. It applies both to first appeal and second appeal. S.52 provides that fee payable in an appeal shall be the same fee that would be payable in the court of first instance on the subject matter of the appeal. Explanation (1) provides that whether the appeal is against the refusal to grant a relief or against the grant of the relief, fee payable in the appeal shall be the same as fee that would 'be payable on the relief in the court of first instance. Explanation (3) provides that in claims which include interest subsequent to the institution of the suit, interest accrued during the pendency of the suit till the date of the decree shall be deemed to be part of the subject matter of the appeal except where such interest is relinquished. The appellant in this case while filing the appeal paid court fee on the amount decreed by the Trial Court calculating interest till the date of the decree of the Trial Court namely, 21.8.2004. The Registry objected stating that interest is to be calculated till the date of the decree of the first appellate court namely 22.8.2007.

(2.) Learned counsel appearing for appellants was heard.

(3.) The argument of the learned counsel is that under S. 52, the fee payable in an appeal is the fee that would be payable in the suit before the Trial Court and under Explanation (1) also the fee payable is one that is payable on the relief in the court of first instance and even under Explanation (3) fee payable is inclusive of the interest which accrued till the date of the decree of the Trial Court. Learned counsel pointed out that Full Bench of this court in George v. Bank of India, 1992 (2) KLT 498 : 1992 KHC 384 : 1993 (1) KLJ 702 : ILR 1993 (1) Ker. 104 clarified that in an appeal, fee is to be paid for pendente lite interest which accrued from the date of the plaint till date of the decree and because of Explanation (3) it is the interest till the date of the decree of the Trial Court.