STATE BANK OF INDIA Vs. BISHNA

JUDGEMENT

(1.) THIS is revision petition against the order dated 29.1.1999 passed by the Additional District Judge, Karnal directing the petitioner-bank to affix the court fee on the amount claimed in the appeal pending before him.

(2.) THE facts which are relevant for the decision of the present revision petition are that State Bank of India had filed a suit for the recovery of Rs. 1,34,874/- against the defendants-respondents alongwith costs and future interest. The said suit was contested by the defendants. The learned trial Court vide judgment and decree dated 19.5.1998 decreed the suit of the plaintiff-bank for the recovery of Rs. 1,34,874/- alongwith costs and future interest from the date of the institution of the suit @ 6% per annum on the principal amount due till the realisation of the decretal amount and passed a preliminary decree and the defendants were allowed a period of 6 months to repay the said decretal amount, failing which the plaintiff-bank was held entitled to apply for final decree. Dis-satisfied with the said judgment and decree of the trial court, the plaintiff-bank filed an appeal claiming future interest @ 15% per annum instead of 6% annum as allowed by the trial court. On the said appeal, fixed court fee of Rs. 25/- was affixed. The learned Additional District Judge, after hearing both sides, was of the view that court fee is to be affixed on the excess amount claimed and accordingly the plaintiff-bank was given time to affix the court fee on excess amount claimed, vide order dated 29.1.1999. Aggrieved against the said order, the plaintiff- bank has filed the present revision petition.

(3.) COUNSEL for the petitioner has been heard and record perused.