1966 Supreme(AP) 41
Andhra Pradesh High Court
Judges : ANANTA NARAYANA AYYAR
V.Narasimha Gupta - Appellant
Versus
Minor Prabhakar Reddy, by next friend Saman Changa Reddy - Respondent
Decided On : 02-16-66
Interpretation of the proviso to section 49 of the Andhra Court-fees and Suits Valuation Act, 1956
Headnote:
Court-fees - Appeal against Final Decree - Interpretation of Proviso to Section 49 of Andhra Court-fees and Suits Valuation Act, 1956
Fact of the Case:
The appellant filed an appeal against a final decree in a mortgage suit, claiming credit for the court-fee already paid in a pending appeal against the preliminary decree.
Finding of the Court:
The court found that the proviso to section 49 of the Andhra Court-fees and Suits Valuation Act, 1956 should be interpreted to give credit for the fee paid in the appeal against the preliminary decree.
Issues: Interpretation of the proviso to section 49 of the Andhra Court-fees and Suits Valuation Act, 1956
Ratio Decidendi: The court held that the wording of the statute was clear and should not be interpreted in a way that denies a person the rights within the proviso.
Final Decision: The court decided to give credit for the court-fee paid in the appeal against the preliminary decree in the present appeal against the final decree.
( 2 ) THE interpretation cannot be done in such a way as to deny to a person the lights which he gets by directly coming within the four corners of the proviso to section 49 of the Act. The wording of this statute i. e. , the proviso to section 49 is clear. I, therefore, find that, in the present appeal, credit has to be given to the Court- fee paid already in the appeal preferred against the preliminary decree (A. S. No. 489 of 1964 ). Government Pleader s fee is fixed at Rs. 50.