G VENKATA APPA RAO Vs. P S PRASAD

JUDGEMENT

(1.) The plaintiff filed a suit against the defendant in the Court of the Subordinate Judge, Guntur, for recovery of Rs. 13,631-66. due on the foot of a promissory note dated 19th May, 1970. He valued the suit at Rs. 13, 631-66 and paid court fee on that amount. He also claimed interest from the date of the suit till the date of realisation. The suit was decreed for Rs. 13, 631-66 together with subsequent interest at 5 1/2 percent annum on Rs. 12,000/- from the date of the suit till the date of realisation.

(2.) Aggrieved by that decree, the defendant has filed this appeal valuing it at Rs. 17, 342-94, by including interest from the date of the suit up to the date of the decree and paid court fee on that amount. The High Court office raised on an objection stating that the appeal was not maintainable in the High Court, Since the value of the suit did not exceed Rs. 15,000/- Reliance was placed on section 17 of the amended Andhra Pradesh Civil Courts Act, 1972. Since the learned counsel for the defendant-appellant did not agree with the objection, the matter was posted before the Court.

(3.) It is submitted by Sri P.L.N. Sarma, the learned counsel for the appelant, that the interest pendente lite is also the subject matter of the suit, and consequently, the appeal lies to the High Court, Since the appeal was not numbered, notice was not issued to the respondent. So, I requested Sri T. Veerabhadraiah, the learned counsel, to assist the Court.