ANDREW Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is preferred against the order of the learned single Judge dismissing the writ petition.

(2.) The appellant in the appeal was also the appellant in a first appeal, AS 69 of 1991 on the file of this Court. The appellant had filed that appeal as an indigent person. The court Fee payable on the memorandum of appeal was Rs. 12,62,680/-. The appeal suit was dismissed by a Division Bench of this court on 5-2-1991. Ext. P2 is a copy of the decree. Admittedly, there is no direction in the decree that the court fee is to be recovered by the government under provisions of the Revenue Recovery Act or by any other method. Even so, the respondents have sought to take proceedings against the appellant for recovery of the same. Appellant, therefore, approached this court and filed a writ petition contending that unless and until an order is passed under R.12 of Order XXXIII CPC by the Court, the amount cannot be recovered, under R.14.

(3.) We have issued notice to the government and heard learned Government Pleader also.