Judgment

RAGHUBAR DAYAL J. : This appeal by special leave, raises the question whether the amount of interest decreed for the period subsequent to the institution of a suit comes within the expression amount or value of the subject matter in dispute in Art. 1 of Schedule I of the Bombay Court fees Act, 1959, hereinafter called the Act, for purposes of court-fee payable on the memorandum of appeal.

2. The plaintiff-respondent No. 1 instituted Special Suit No. 5 of 1957 in the Court of the Civil Judge (Senior Division) at Ahmednagar to recover Rs. 13,205/- on account of the principal lent to defendant No. 7, and interest up to the date of the suit at the rate of 9 per cent per annum. On July 18, 1960, his claim was decreed in a sum of Rs. 13,033-6-6 with future interest from the date of suit till realisation at 4 per cent per annum on a sum of Rs. 10, 120/-.

3. Defendant No. 7 appealed to the High Court against the decree. In the memorandum of appeal, defendant No. 7 valued the claim for purpose of jurisdiction and court-fee at Rs. 13,033/6/6 and his grounds Nos. 1 and 48 of appeal were as follows:

"1. That the lower Court erred in decreeing the plaintiff s suit.

48. That the decree is