RAJAN ALIAS DEVARAJAN Vs. ISMAIL MUHAMMED KARIM SAIT

JUDGEMENT

(1.) The petition is filed under S.24 and 151 C.P.C., to withdraw to the file of this Court A. S. Nos. 305, 306. 307 and 308 of 1969 on the file of the District Court, Trichur, for hearing along with A. S. No. 6 of 1970 pending in this Court. The suits giving rise to these appeals were tried and disposed of by a common judgment by the Trial Court. The Taxing Officer has taken the view that the application being in the nature of an original petition has to be taxed under Schedule II, Art.11(I)(iii) of the Kerala Court Fees and Suits Valuation Act, 1960.

(2.) The submission on behalf of the petitioners' counsel is that Art.11(I) of Schedule II of the Kerala Court Fees Act applies to the case and court fee of Rs. 2/- is sufficient. The Taxing Officer has relied on the observation of Raman Nayar, J., (as he then was) in C. M. P. No. 4943 of 1963 to the following effect: