The plaintiff respondent No.
10,120.
1 of Schedule I of the Bombay Court fees Act, 1959, hereinafter called the Act, for purposes of companyrt fee payable on the memorandum of appeal.
13,033 6 6 with future interest from the date of suit till realisation at 4 per annum on a sum of Rs.
13,205 on account of the principal lent to defendant No.
1 and 48 of appeal were as follows That the lower Court erred in decreeing the plaintiffs suit.
10,120 came to Rs.
13,033 6 6 and his grounds Nos.
5 of 1957 in the Court of the Civil Judge Senior Division at Ahmednagar to recover Rs.
In the memorandum of appeal, defendant No.
On July 18, 1960, his claim was decreed in a sum of Rs.
7 valued the claim for purposes of jurisdiction and companyrt fee at Rs.
7 and interest up to the date of the suit at the rate of 9 per annum.
7 appealed to the High Court against the decree.
Defendant No.
1,033.40 nP. and it had been companyceded by the companynsel for the defendant appellant that the subject matter of the appeal was the decree passed by the trial Court.
1 instituted Special Suit No.
The State of Maharashtra has filed this appeal by special leave against this order.
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 companyes within the expression amount or value of the subject matter in dispute in art.
70 on the memorandum of appeal and to amend the claim accordingly.
