RAJU THOMAS Vs. DEVU

JUDGEMENT

(1.) Leave granted.

(2.) Heard learned counsel for the parties.

(3.) By the impugned judgment, the High Court has affirmed the trial court's refusal to accept the balance amount of court fee offered by the appellants-plaintiffs, being beyond the time prescribed by law. The appellants-plaintiffs had filed the suit initially with court fee of Rs. 9,840/- and balance of deficit court fees of Rs. 88,560/- was to be paid. The learned trial court fixed 2.7.2013 for the payment of the balance court fee. However, according to the appellants-plaintiffs, their learned counsel erroneously recorded the date as 2.8.2013 instead of 2.7.2013 and informed them (appellants-plaintiffs) to do the needful. Finding that neither the appellants-plaintiffs were represented on 2.7.2013 nor the balance court fee deposited, the learned trial court rejected the plaint under Order 7 Rule 11 of the Code of Civil Procedure, 1908. It was thereafter that an application was filed by the appellants-plaintiffs detailing the above explanation for their default. The appellants-plaintiffs offered along with the application, the balance amount of Rs.88,560/- which according to them they had arranged as per the advice of their counsel keeping the dead line of 2.8.2013 in mind and prayed before the trial court to receive the same and to restore the suit. Incidentally the appellants-plaintiffs presented this application as one for review. The learned trial court however rejected this application. The Writ Petition filed by the appellants-plaintiffs before the High Court has met the same fate.