P K NADESAN Vs. P K DINESAN

JUDGEMENT

(1.) Doubting the correctness of the interpretation given by a Single Judge of this Court in State Bank of India v. Iqbal Zacharia ( 1994 (1) KLT 141 ) regarding the scope and effect of S.4A of the Kerala Court Fees and Suits Valuation Act, 1959 (hereinafter referred to as The Act), this revision petition was referred to the Division Bench. Before going into the merits of the case we may look into S.4A of the Act, which reads as follows:

(2.) S.4A allowed the plaintiff to institute a suit on payment of one - tenth of the court fee and to pay balance within fifteen days of framing of issues or within the time allowed by the Court. If the matter is settled by the parties within the time allowed to pay the balance court fee, no further court fee need be paid. In other words, if there is settlement between the parties before the time fixed for payment of balance court fee, the Legislature thought it fit that the parties be relieved from the obligation to pay balance court fee leviable on the plaint as the court need not adjudicate the issue further. Another section granting the relief in the matter of court fee is S.69 of the Act. S.69 of the Act reads as follows:

(3.) There are three major differences between S.4A and S.69: