ARUN KUMAR Vs. SPECIAL SECRETARY HEALTH HOUSING AND MUNICIPAL ADMINISTRATION GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) The question raised in this reference by the High Court officer is whether proper court--fee has been paid on the memorandum a of appeal filed under Clause (15) of the Letters Patent.

(2.) The suit out of which this appeal arises was filed by the appellant for recovery of an amount of Rs. 5,400.00- and of for future compensation of Rs. 150.00- per month form the date of suit. The suit was valued at Rupees 5,400/-- and ad valorem court--fee of Rs. 453.00- was paid under Sch. 1, Art. 1 (c) read with Section 19 of the Andhra Pradesh Court--fees and Suits Valuation Act, 1956 (hereinafter called the Act). The suit was dismissed by the trial Court and the appellant filed an appeal C. C. C. A. No. 92/78 in this Court paying and ad valorem court-fee under Section 49 of the Act on the amount claimed in the suit. The appeal also having ended in dismissal, the appellant is seeking to file the above Letters Patent Appeal under Clause 15 of the Letters Patent. The Letters Patent Appeal has also been valued at Rs.5400.00 . The appellant has also been valued at paid a fixed court -fee of Rs. 100.00- relying upon Sch. II, Art. 3 (iii) (A) (2) (b). The High Court office raised an objection the ad valorem court -- fee is payable under Section 49 of the Act on the amount at which the appeal has been valued.

(3.) The contention of the appellant is, that appeals filed under clause 15 of the Letters :Patent are governed by the provisions of Sch. II, Art. 3 (iii) (A) (2) of the Act and therefore, fixed court--fee paid under the said provision is proper and valid.