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1987 DIGILAW 332 (KAR)

CORPORATION BANK v. H. R. PRABHU

1987-10-13

N.VENKATACHALA

body1987
VENKATACHALA, J. ( 1 ) WHETHER costs awardable under Order xxa of the Code of Civil procedure, 1908 ('the Code'), by the Court become a part of "the amount claimed" occurring in Section 21 of the Karnataka Court Fees and Suits valuation Act, 1958 ('the Court Fees Act'), requiring payment of fee specified therein, is the question which arises for consideration in this revision petition. ( 2 ) THE Corporation Bank, the petitioner here, as plaintiff filed a suit in the Court of small Causes, Bangalore City, by presenting a plaint, the prayer in which read:"wherefore, the plaintiff prays for a judgment and decree against the defendants for the following reliefs: (1) Direct the defendants jointly and severally to pay to the plaintiff-Bank a sum of Rs. 7,058-35 along with interest thereon at 18. 3% per annum from the date of suit till the date of payment. (2) Direct the defendants to pay cost of suit and grant such other and further reliefs as are just including a sum of rs. 50/- towards typing charges under order 20-A of CPC. " ( 3 ) THE plaintiff computed the fee payable on the amount claimed in paragraph (1) of the prayer above as required under Section 21 of the Court Fees Act, which read thus:"21. Suits for money.- In a suit for money (including a suit for damages or compensation, or arrears of maintenance of annuities, or of other sums payable periodically), fee shall be computed on the amount claimed. "but, the Office of the Court of Small causes raised an objection to the effect that the said plaint cannot be registered as a suit, unless the plaintiff paid the court fees on the typing charges of Rs. 50/- mentioned in paragraph (2) of the prayer above, proceeding on the premise that the said Rs. 50/- was chargeable to fee under Section 21 of the Court Fees act as 'the amount claimed'. By its order dated 17-6-1987, the Court of small Causes upheld the objection of its office and rejected the plaint for non-payment of court fees on Rs. 50/- mentioned in paragraph (2) of the prayer referred to above. It is the correctness of the said order which has been questioned in this revision petition and this is how the question raised at the outset has arisen for consideration and decision. 50/- mentioned in paragraph (2) of the prayer referred to above. It is the correctness of the said order which has been questioned in this revision petition and this is how the question raised at the outset has arisen for consideration and decision. ( 4 ) AWARDING of costs by a Court in a proceeding before it is a matter which lies in its discretion. Awarding of costs is a matter which is incidental to the grant of the claim in the proceeding. Rule 1 of Order XXA of the Code, which enables the Court to award costs in respect of items of expenditure or charges referred to therein, reads:"1. Provisions relating to certain items.- without prejudice to the generality of the provisions of this Code relating to costs, the Court may award costs in respect of, (a) expenditure incurred for the giving of any notice required to be given by law before the institution of the suit; (b) expenditure incurred on any notice which, though not required to be given by law, has been given by any party to the suit to any other party before the institution of the suit; (c) expenditure incurred on the typing, writing or printing of pleadings filed by any party; (d) charges paid by a party for inspection of the records of the Court for the purposes of the suit; (e) expenditure incurred by a party for producing witnesses, eventhough not summoned through Court; and (f) in the case of appeals, charges incurred by a party for obtaining any copies of judgments and decrees which are required to be filed along with the memorandum of appeal. "expenditure incurred by a party on typing falls in Clause (c) of Rule 1 above. In paragraph (2) of. the prayer made in the plaint, what is specified is costs, the award of which is sought from the Court. "expenditure incurred by a party on typing falls in Clause (c) of Rule 1 above. In paragraph (2) of. the prayer made in the plaint, what is specified is costs, the award of which is sought from the Court. The prayer made by a party for award of such costs or other costs referred to in the various clauses of Rule 1 above being merely matters incidental to the grant or otherwise by the Court of the claim in a proceeding and being a matter the grant of which is left to the discretion of the Court as provided for in the rule itself, it is difficult to think that the sum which constitutes the expenditure or charges under any of the above clauses, could be regarded as a part of 'the amount claimed' occurring in Section 21 of the Court Fees act, so as to attract levy offee payable thereunder. Hence, the amounts of expenditure or charges referred to in Clauses (a) to (f) of Rule 1 of order XXA of the code including the expenditure in Clause (c) thereof when claimed in a plaint, cannot form part of 'the amount claimed' occurring in Section 21 of the Court Fees Act, so as to attract levy of fee payable thereunder. In this view of the matter, the order of the court below rejecting the plaint on the ground of non- payment of court fees on typing charges referred to in paragraph (2) of the prayer in the plaint, cannot be sustained. ( 5 ) IN the result, I allow this revision petition, set aside the order under revision and direct the Court of Small Causes, bangalore City, to take back the plaint on its file and proceed to dispose of the same in accordance with law. Petition allowed --- *** --- .