VADDI NARAYANAMURTHY Vs. STATE

JUDGEMENT

(1.) The question is whether Article 11 (q) of Schedule II of the Andhra Court-fees and Suits Valuation Act, 1956 will apply to revisions filed before the High Court against the Decrees under section 25 of the Small Causes Courts Act, or whether the residuary Article 11 (u) of Schedule II is applicable.

(2.) It is undisputed that prior to the amendment of the Court-fees Act in 1956, Article 1 (d) (ii) of Schedule II was applicable to such revisions and Rs. 2 court-fee was being paid. Under the new Andhra Court-fees and Suits Valuation Act, 1956, the corresponding provisions to Article 1 (d) (a), (b) and (ii) of Schedule II are Article 11 (q) (i), and (ii) and 11 (u). I give these in juxtaposition: Old Act New Act Article 1 (d) (i). When presented to a High Court under section 115 of the Code of Civil Procedure, 1908, for revision of an order (a) when the value of the suit or proceeding to which the order relates does not exceed thousand rupees Five rupees 11 (q). Revision petition presented to the High Court under section 115 of the Code of Civil Procedure, 1908, or under section 25 of the Provincial Small Causes Courts Act, 1887, or under the provisions of any other Act, arising out of a suit or proceeding - (b) when the value of the suit or proceeding exceeds thousand rupees (ii) When presented to a High Court otherwise than under that sectior Ten rupees Two rupees (i) if the value of the suit or proceeding to which the order sought to be revised relates does not exceed Rs. 1,000 (ii) if such value exceeds Rs. 1,000 (a) Application or petition presented to the High Court and not otherwise specifically provided for Five rupees. Ten rupees. Two rupees.

(3.) An examination of these two provisions in contrast would show that what the new Act has done was merely to add the words "or under section 25 of the Provincial Small Causes Courts Act of 1887 or the provisions of any other Act, arising out of a suit or proceeding " after the words " section 115 of the Code of Civil Procedure, 1908," and to prescribe the court-fee against the orders south'' to be revsied in relation to the value of the suit in which those orders are passed. It cannot be denied that section 25 of the Provincial Small Causes Court? Act, provides for a revision to the High Court against decrees or orders made in any case decided by a Court of Small Causes. This provision has specifically made a distinction between a decree and an order. Article 11 (q) of the Court-fees and Suits Valuation Act confines the court-fee merely to an order. Prima facie, the court-fee so prescribed would not apply to revisions against decrees of the Small Causes Courts. This view is further supported by a reference to the definition of ' order ' or ' decree ' appearing in sections 2 (2) and 2 (14) of the Civil Procedure Code, 1908. It may be noted that the Court-fees and Suits Valuation Act, 1955, in section 3 (iv), prescribes that the " expressions used and not defined in this Act or in the Madras General Clauses Act, 1891 (Madras Act I of 1891), but defined in the Code of Civil Procedure, 1908 (Central Act V of 1908) shall have the meanings respectively assigned to them in the said Code. Section 2 (2) of Civil Procedure Code, defines ' decree ' as the