Honble MITAL, J.–The respondent No.1 plaintiff has raised the question of sufficiency of court fees through an application under Section 47 of the Rajasthan Court Fees & Suits Valuation Act, 1961 read with Section 151 C.P.C. in the instant appeal preferred by defendant Krishna Kumar Bagla against the judgment and decree dated 17.12.97 passed by the learned Additional District Judge No.1, Udaipur in Civil Suirt No. 13/86 whereby the suit of respondent No.1-plaintiff was decreed for a sum of Rs. 8, 59, 194.55 with pendente lite and future interest at the rate of 17% per annum with quarterly rest. The appellant has valued the subject matter of the appeal and has affixed court fees of Rs.43,525/-.

(2). The respondent No.1-plaintiff has submitted an application that the appel- lant has not valued the subject matter of the appeal in accordance with the provision under Section 47 of Rajasthan Court Fees & Suits Valuation Act, 1961 (hereinafter referred as `Act of 1961) because the interest accrued during the pendency of the suit till the date of the decree has not been included while calculating the subject matter of the appeal. Therefore, the appellant has not paid proper court fees and t

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