2012 Supreme(Raj) 1609
PRASHANT KUMAR AGARWAL
National Engineering Industries Ltd. – Appellant
Versus
Union of India – Respondent
Judgement Key Points
Key Points:
- The court centers on whether court fee is payable on pendente lite and future interest awarded on the principal amount [17000237130003][17000237130008].
- It holds that court fee is payable on pendente lite and future interest as they are subject-matter in dispute and ascertainable upon decree [17000237130015][17000237130009].
- The judgment concludes that pendente lite and future interest are not merely ancillary or consequential relief; they carry separate court fee implications and can be demanded at execution [17000237130016][17000237130019].
What is the question of law addressed in the Rajasthan High Court judgment regarding court fees on pendente lite and future interest?
What is the court's conclusion regarding whether court fee is payable on pendente lite and future interest awarded on the principal amount?
What is the ruling on whether pendente lite and future interest should be treated as ancillary to the main relief for the purpose of court fee?
JUDGMENT
1. - Heard learned counsel for the parties.
2. The decree-holder-petitioner has preferred this civil revision petition under Section 115 of the Code of Civil Procedure against the impugned order dated 4.1.2008 passed by Additional District Judge (Fast Track) No.3, Jaipur City, Jaipur in an execution petition filed by the petitioner whereby the learned executing court has directed the petitioner to pay court fees on the amount of interest for the realisation of which the execution petition has been filed.
3. In this revision petition following important question of law has arisen:
"Whether court fee is payable on the amount of pendente lite and future interest awarded by the Court on the principal amount."
4. Brief relevant facts for deciding the question so arisen are that the petitioner filed a money suit against the non-petitioner for recovery of principal amount of Rs.31,22,644/- and interest amount of Rs.11,24,151/- as accrued till the date of suit 22.2.1989 i.e. for recovery of total amount of Rs.42,46,795/-. In the suit pendente lite interest and future interest from the date of decree till the date of payment or realisation of the principal amount was also claimed. The
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