INDIAN BANK Vs. ADVANCE ART SILK PRIVATE LIMITED

JUDGEMENT

(1.) A common question arises in all the Revision Applications and it is pertaining to the computation of Court fees.

(2.) Whenever a civil suit is filed, the plaintiff, is required to put valuation on the claim preferred in the suit. For this purpose, two statutes are to be borne in mind; one, of course, is Bombay Court Fees Act, 1959 under which Court fees are levied at different rates as provided thereunder. However, for the purpose of valuation of the suit attention has to be paid to Suits Valuation Act, 1887 in central Enactment.

(3.) Looking to the nature of the suit it is quite clear that Sec. 8 of the Suit Valuation Act, 1887 will be applicable. The suit it filed by the petitioner-Bank for recovery of its dues which according to the plaintiff-Bank were payable by the defendant-respondents by virtue of loan transactions.