STATE BANK OF INDIA Vs. SMT. YESODA BAI

JUDGEMENT

(1.) The State Bank of India (the Bank) laid the suit against the respondents for recovery of Rs. 13,352-56. The suit was decreed on June 30, 1977. The first four respondents are the legal representatives of Vasudevarao, the debtor. The other two are the guarantors. The respondents (were ordered to pay the debt amount with interest at twelve per cent per annum in (a) yearly instalment of Rs. 1,500/- from the estate of the debtor in the hands of legal representatives and (b) "if the amount is not recovered" thereupon to proceed against respondents five and six. The Bank was aggrieved of the directions (a) and (b) and appealed and paid a court fee of Re. 1/- on the memorandum of appeal. The Chief Judge, City Civil Court, Hyderabad, the appellate authority rejected the appellant's contention that the appeal is incapable of valuation and directed the appellant in the order under revision on November 15, 1977 to pay Rs. 1,077/- being the Court fee as paid in the Court of first instance. Hence the revision petition by the Bank.

(2.) The valuation and payment of Court fee in appeals is governed by Section 49 of the A. C. F. and S. V. Act VII of 1956 (the Act). The Court fee payable is the same generally as in the Court of first instance on the subject matter of appeal. The proviso to the Section speaks of final decrees where credit is given of fee paid on preliminary decrees. The section contains five Explanations; The first explanation directs the fee payable is the same as paid in the Court of first instance where the relief was refused or accorded by the Court of first instance. Where in Appeal the relief is different from the Court of first instance, the fee is exigible on the basis of explanation four, namely "the fee payable in the appeal shall be the fee that would be payable in the Court of first instance, on the relief prayed in the appeal".

(3.) In Explanation two, it is stated no fee need be paid on costs except when it is made subject in appeal. It claims where interest accrued pending suit and not relinquished, the interest is "deemed" to be the subject in appeal.