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2019 Supreme(Ori) 86

A.K.RATH
Managing Director, Odisha State Financial Corporation – Appellant
Versus
Gita Devi – Respondent


Advocates:
Advocate Appeared:
P.K. Routray, Adv., J. Bhuyan, Adv., S.P. Mishra, Adv., S.N. Senapati, Adv.

JUDGMENT :

A.K.Rath, J.

This petition challenges the order dated 30.01.2018 passed by the learned District Judge, Cuttack in RFA No.148 of 2016, whereby and whereunder learned appellate court directed the appellants-petitioners to pay court fees on Rs.2,91,229.40 p. with annual compound interest of 8% till the date of filing of the appeal.

2. Shorn of unnecessary details, the short facts of the case are that the plaintiff-opposite party no.1 instituted C.S. No.548 of 2013 (III) before the learned Civil Judge (Senior Division), 1st Court, Cuttack for realization of Rs.14,96,917.50 p. with P.I & F.I @ 18% per annum till realisation. The suit was decreed in part against defendants 1 and 2. It was held that defendants 1 and 2 are liable to pay Rs.2,91,229.40 p. with annual compound interest of 8% from 31.10.1990 till the date of realization of the amount. Felt aggrieved, defendants 1 and 2 filed RFA No.148 of 2016 before the learned District Judge, Cuttack. The appeal was valued at Rs.2,91,229.40 p. on which court fees of Rs.10,035/- was payable. A petition under Sec.148 CPC was filed for extension of time to pay the court fees. Respondents filed objection stating that under Sec.7 of the

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