R.PADMINI DEVI Vs. GOVERNMENT OF KERALA

JUDGEMENT

(1.) THE plaint was rejected for non payment of the balance court fee. The last date for payment of the balance court fee was 22-2-2011. The plaintiff did pay the balance court fee later on 14-3-2011 along with an application. The plaintiff also applied for review of the order rejecting the plaint . The same has been dismissed by the court below by the order impugned.

(2.) THE definition of decree includes also the rejection of the plaint. Therefore such an order rejecting the plaint is appealable. But then the remedy of review is also available to the plaintiff . This was precisely sought to be invoked by the plaintiff in the case on hand. The petition though styled as one for restoration was intended for review.