NAGALINGAM Vs. STATE OF A P

JUDGEMENT

(1.) The office has raised the objection regarding the amount of court fees which is to be paid by the appellant in this appeal. The appeal is filed against the decree of the District Judge's Court, Warangal, in O.S. No. 6 of 1957. The appellant herein was added as the second defendant in the suit. Later the plaintiff filed a memo in the trial Court giving up his claim against the appellant. But the decree of the trial Court covers the properties which are in the possession of the appellant.

(2.) The appellant has paid the fixed court-fee of O. S. Rs. 100/- under Article 13, Schedule II of the Hyderabad Court Fees Act and has valued the appeal as was done in the suit. It is submitted by the office that the appeal should be valued at the amount by which the appellant will be benefited and ad valorem court-fee should be paid, because the decree has directed the plaintiff to pay court-fee of Rs. 1484.95 Ps.

(3.) The objection raised by the office is not tenable Art 13. Schedule II of the Hyderabad Court Fees Act reads as follows : Article 13, Schedule II. Plaint or memorandum of appeal in When the plaint is presented to or Memorandum of every suit when it is not possible to appeal is against the decree of- estimate the money value and which is not otherwise provided for by this Act. (a) A Munsiff's Court .. Rs. Fifteen. (b) A District Court or a Sub-Court or the High Court in exercise of its original jurisdiction .. Rupees One Hundred.