ARIMBOOR PANCHAYAT IMPROVEMENT TRUST Vs. ANTHONY

JUDGEMENT

(1.) The question mooted in this revision relates to the Court-fee payable (or not payable) by a plaintiff whose suit was decreed ex parte. Suit was for money and the plaintiff at the time of institution thereof paid one tenth of the fee chargeable under the law relating to Court-fees. When the suit was decreed ex parte, plaintiff was called upon to pay the balance Court-fee within fifteen days. But the plaintiff raised a contention that he is not liable to pay the balance since it was possible to decree the suit without contest from the defendant. Learned munsiff rejected the contention and required the plaintiff to remit the balance Court-fee within the time specified in the order. This revision is in challenge of the said order.

(2.) Plaintiff availed himself of the benefit provided in Sec. 4A of the Kerala Court-fees and Suits Valuation Act, 1959 (for short 'the Act') and paid only one tenth of the fee chargeable. That Section has been inserted in the Act by the Amendment Act No. 6 of 1991. The said Section reads thus :

(3.) Chapter II of the Act contains provisions creating liability on a litigant in a civil Court to pay Court-fees. Sec. 4 of the Act says that no document which is chargeable with fee under the Act shall be filed in any Court or be acted upon by any Court "unless in respect of such document there be paid a fee or an amount not less than that indicated as chargeable under this Act." Computation of fees is regulated by provisions included in Chapter IV of the Act. Section 22 of the Act enjoins on a party in a suit for money to compute fee "on the amount claimed". The provision indicates that every litigant in a suit for money is under the liability to pay Court fee as computed on the amount claimed. Similar provisions are included in the Chapter for determining the Court-fees payable in respect of other types of suits. Section 4A of the Act is a general provision which applies to all litigants and only one tenth of the amount of Court-fee chargeable need be paid at the institution of the suit and the balance shall be paid within such period as may be specified by the Court. First proviso of the Sec. 4A enables the Court to extend the time for paying the balance. Reference to the second proviso was made earlier. Sections 66 to 70 contain provisions for giving refund of Courtfees in certain cases. It must be remembered that no refund of Court-fees is even contemplated in the Act in a suit decreed ex parte. However, Sec. 69 of the Act enables the Court to refund one half of the Court-fee in two contingencies. One is when the suit (or appeal) is compromised and the other is when the suit is decided solely on the admission of parties without investigation. Proviso to Sec. 69 says that no refund shall be ordered where only one tenth of the amount of fee on plaint has been paid by the parties as provided in Sec. 4A. The Act never considered that work of the Court would be less if a suit is decreed ex parte.