SARDAR DEVI Vs. NIHALKARAN

JUDGEMENT

(1.) THE only question which arises at this stage is in regard to the court fee paid by the appellant on the memorandum of appeal. THE office has objected to the court-fee paid on the ground of its insufficiency and it claims that the appellant is liable to pay ad valorem court fee on the difference of the decretal amount taken as a whole and the present value of the instalments.

(2.) THE plaintiff appellant instituted a suit to which this appeal relates for recovery of a sum of money. THE court below has passed a decree in her favour for a sum of Rs. l1,500/- principal in addition to interest at 6% upto the date of the institution of the suit and the date of the decree, thereby making a total sum of Rs. 12,526 43 np. THEreafter the decree allows interest to the appellant at 4-1/2% from 1. 10. 59 till realisation on the principal sum remaining due. THE decree further directs payment of the amount in instalments. THE plaintiff has appealed against the decree granting instalments to the defendant-respondent and has paid a court fee Rs. 10/- only treating the memorandum of appeal as falling under Schedule 2 of Art. 17 (6) of the Court Fees Act. Incidentally in the grounds of appeal the appellant has taken exception also to the reduction of interest pendente lite by the court below and grant of interest at 4-1/2% after the passing of the decree; but that is a matter which lies in the discretion of the court and therefore the appellant is not liable to pay court-fee on that account.