ST GEORGE ORTHODOX CATHEDRAL Vs. REETHA

JUDGEMENT

(1.) This Civil Revision Petition has come on a reference by one of us (Sankarasubban,J.). Reference was made when the decision of Balanarayana Marar, J. in State Bank of India v. Iqbal Zacharia, 1994 (1) KLT 141 was doubted. The plaintiff filed the suit for recovery of Rs. 38,137.50. 1/10th of the court fee was paid as per S.4A of the Kerala Court Fees and Suits Valuation Act (hereinafter referred to as the Act).

(2.) A written statement was filed admitting the claim. The court then passed an order directing the plaintiff to pay the balance court fee. It is challenging the direction to pay the balance court fee that this Civil Revision Petition is filed.

(3.) S.4A of the Act states as follows: