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South India Wire Ropes Ltd. vs State of Kerala

High Court Of Kerala · Decided on 19 February 2003 · Citation: (2003) 2 KLT 668 : (2003) 4 RCR(Civil) 734

HON’BLE JUDGES
S. Sankarasubban, J
ACTS & SECTIONS REFERRED
Kerala Court Fees and Suits Valuation Act, 1959 — Section 4A, 66, 69
RESULT
Allowed
CASE NUMBER
C.R.P. No. 369 of 2002
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Judgment

3 paragraphs · 203 words

S. Sankarasubban, J.—This Civil Revision Petition is filed against the order in R.A. No. 44 of 2001in O.S. No. 514 of 2000 of the II Additional Sub Court, Ernakulam. Plaintiff is the revision petitioner. The plaintiff filed the application to return 1/10th court fee. The petitioner did not pay the balance court fee. The Court below rejected the plaint for nonpayment of balance court-fee, under Order 7 Rule 11of the Code of Civil Procedure.

2.

Learned counsel for the petitioner brought to my notice a Division Bench decision of this Court reported in Mable v. Dolores, 2001(2) KLT 612. According to me, that case cannot be of any help to the petitioner. Second Proviso to Section 4A of the Court Fees Act states that if the parties settle the dispute within the period, specified or extended by the Court for the payment of the balance amount, the plaintiff shall not be called upon to pay such balance. Section 69 deals with refund in cases of compromise or when suit is decided on the admission of parties. According to me, Section 66 applies to the facts of the case. Hence, the plaintiff is entitled to get 1/10th Court fee.

Civil Revision Petition is allowed.