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Kutti Vasu Vs. Chakky Nani and anr. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtKerala High Court
Decided On
Case NumberSecond Appeal No. 696 of 1966
Judge
Reported inAIR1967Ker147
ActsKerala Court-fees and Suits Valuation Act, 1960 - Sections 87(2); T.C. Court Fees Act, 1125 - Schedule - Article 1
AppellantKutti Vasu
RespondentChakky Nani and anr.
Advocates: K. Raman and; P.J. Varghese, Advs.
Excerpt:
- .....1960 on 1-2-1962. therefore by reason of section 87 (2) of that act the court fee payable on the cross-objection is governed by t.c. act ii of 1125. (the word 'appeal' includes a cross-objection--see section 8 (1) of act 10 of 1960).the cross-objector wants the amount of compensation for improvements awarded to the appellant to be reduced. the relief he claims is capable of valuation and he must therefore value it and pay court fee thereon under article i of schedule 1 of t. c. act ii of 1125. it is true that the appeal in which the cross-objection is filed is not in a suit but is in an application under section 11 of act 31 of 1958, but then article i of schedule i is not confined to appeals or cross-objections in suits but applies to appeals and cross-objections in all proceedings.....
Judgment:
ORDER

P.T. Raman Nayar, J.

1. The proceeding out of which this cross-objection arises was instituted before the commencement of (Kerala) Act 10 of 1960 on 1-2-1962. Therefore by reason of Section 87 (2) of that Act the court fee payable on the cross-objection is governed by T.C. Act II of 1125. (The word 'appeal' includes a cross-objection--see Section 8 (1) of Act 10 of 1960).

The cross-objector wants the amount of compensation for improvements awarded to the appellant to be reduced. The relief he claims is capable of valuation and he must therefore value it and pay court fee thereon under Article I of Schedule 1 of T. C. Act II of 1125. It is true that the appeal in which the cross-objection is filed is not in a suit but is in an application under Section 11 of Act 31 of 1958, but then Article I of Schedule I is not confined to appeals or cross-objections in suits but applies to appeals and cross-objections in all proceedings where the subject matter in dispute can be valued in money.

2. Time for amendment of valuation and payment of deficit fee: one month.


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