KUMARAN BALAKRISHNAN Vs. SANKARAN OOMMINI

JUDGEMENT

(1.) It is for the plaintiff to satisfy the court that his plaint has been properly valued and that proper court fee has been paid on it. When therefore the Court sees reason to issue a commission under S.6 of the Travancore-Cochin Court Fees Act, 1125 (corresponding to S.9 of the Court Fees Act, 1870), albeit on objection taken by the defendant, it seems to me obvious that the plaintiff must bear the cost of the commission in the first instance; and doubtless if the objection turns out to be ill founded the court will direct reimbursement by the defendant. I think the power to direct the plaintiff to deposit the cost of the commission necessarily inheres in the section and this is the view taken in 47

(2.) I dismiss the petition with costs.