K RUKMANI Vs. B N RAJARAJESWARI

JUDGEMENT

(1.) THIS revision arises out of the order passed by the learned Principal Judge, City Civil Court, Madras in ASSR.No.5317 of 1988 dated 16.6.1988 directing the revision petitioner to pay the balance Court-fee of Rs.737.25 within one month time.

(2.) THE brief facts which are necessary to be extracted for the purpose of this revision is as follows: THE respondent herein has filed the suit O.S.No.9225 of 1985 for recovery of a sum of Rs.11,480 being the Principal amount of Rs.7,000 with interest accrued thereon at 24% per annum from 8.7.1979 onwards, after adjusting the payment of Rs.3,000 made in the middle. THE trial court after contest in full trial, passed the decree for the abovesaid sum on 23.12.1987 in favour of the respondent herein with subsequent interest at the rate of 6% per annum from the date of decree till the date of realisation with costs. Aggrieved at this, the defendant, who is the revision petitioner herein has preferred the appeal for the purpose of court fees and jurisdiction at Rs.9,414 with the Court fee of Rs.407 payable under Sec. 52 of the Tamil Nadu Court Fees and Suits Valuation Act, calculating the subsequent interest at the rate allowed by the trial court. However, the appellate court having considered the nature of the prayer asked for by and on behalf of the appellant that the entire decree should be set aside, have rejected the appeal and declined to take the same into the file for the reason of deficit court-fee paid and the correct valuation of the appeal has not been given. Aggrieved at this, the revision petitioner has preferred the appeal in ASSR.No.17 of 1988 before the Principal Judge, City Civil Court, Madras. After hearing the appeal in full, the lower appellate court has passed the following order: "THE appellant is the defendant. A decree directing the defendant to pay a sum of Rs.11,480 with interest at 24% per annum from the date of suit till date of decree on the sum of Rs.7,000 and with subsequent interest at 6% per annum has been passed with costs. THE defendant has preferred this appeal, but has paid the court-fee of only Rs.407. THE office has returned the appeal, stating that the correct court-fee has to be paid. 2. THE point for determination is: what is the correct court-fee payable?.