LAWS(PVC)-1941-12-60

RANGASWAMI GOUNDAR Vs. OFFICIAL RECEIVER

Decided On December 19, 1941
RANGASWAMI GOUNDAR Appellant
V/S
OFFICIAL RECEIVER Respondents

JUDGEMENT

(1.) This is an application for leave to appeal to. His Majesty in Council against the decree and judgment of this Court which reversed the decree of the Subordinate Judge of Coimbatore.

(2.) Being a reversing judgment the applicant will be entitled to the leave asked for if the value of the subject-matter of the suit and of the subject-matter in dispute in appeal to His Majesty in Council are both of the value of Rs. 10,000 or upwards. In the Court below the suit valuation was Rs. 10,000 and, therefore, the first requisite is satisfied. The only question is whether the second condition is also satisfied. The lower Court gave a decree for a sum of Rs. 4,000 for principal, Rs. 5,625 for interest and Rs. 1,060-3-0 for costs, in all making up Rs. 10,685-3-0, calculated up to 3 February, 1938. The sixth defendant appealed to this Court. He valued the appeal at Rs. 9,665 made up of Rs, 9,625 decreed for principal and interest up to the 3 February, 1938 plus Rs. 40 further interest up to the 25th February, 1938, the date of the presentation of the appeal. The amount of costs decreed was not included in the valuation of the appeal and no court-fee was paid thereon as it is not necessary to include costs in the value of the appeal. If the appeal succeeds, the direction as to costs made by the trial Court will automatically be set aside.

(3.) The contention on behalf of the respondent is that the value of the subject- matter involved in the appeal to His Majesty in Council is net Rs. 10,000 and upwards because the valuation of the appeal is only Rs. 9,665. His contention is that the interest accruing subsequent (to the date of the decree of the lower Court cannot be calculated in arriving at the amount. The appeal was disposed of on the 26 February, 1941. By that time apart from costs, the amount due as per the decree of the lower Court amounted to over Rs. 11,000 because the amount decreed carried interest at six per cent, per annum from the date fixed for payment, that is the 3 February, 1938.