AYISHA BEEVI Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) The petitioners have approached this Court challenging revenue recovery proceedings initiated against them to recover the court fee payable by them consequent on in limine dismissal of an indigent appeal filed by them. A suit was filed against the petitioners. It was filed on a date earlier than 5th December, 1990 when certain amendment to the Kerala Court Fees and Suits Valuation Act, 1959 was introduced as per Act 6/91. The suit was decreed. Thereupon they filed an appeal on 25th May 1991. By that time, the amendment had taken effect. According to the petitioners, in terms of the second proviso to S.52 of the Act introduced by the said amendment, in the appeal filed by them they were liable to pay only one third of the Court fee payable on the appeal memorandum. The appeal was dismissed in limine. Now the entire court fee payable on the appeal, as if it had been admitted and disposed of, is demanded in the revenue recovery notice. This is illegal, they submit.

(2.) Relying on the decision of this Court reported in Kochappu v. Somasundaran Chettiar, 1991 (1) KLT 657 , the petitioners contended that as the amendment had been introduced from 5th December 1990, only the court fee payable by them on the appeal shall be recovered consequent on dismissal of the appeal. Going by the second proviso to S.52 of the Kerala Court Fees Act, they were liable to pay only one third of the court fee payable on the appeal at the stage of admission. When the appeal was dismissed in limine, they are not liable to pay any further court fee. That the appeal has been filed as indigent appeal makes the position no different.

(3.) It is submitted by the Government Pleader that the suit was filed before the amendment effected on 5th December, 1990. It is true that the appeal has been filed after the amendment had come into force . The court fee payable shall be as per law existed at the time of filing of the suit. Therefore, the entire court fee payable on the appeal is liable to be recovered.