COCHIN KAGAZ LTD Vs. BHARATH CARTONS PONDICHERRY

JUDGEMENT

(1.) The simple question that arises for consideration in this Civil Revision Petition is whether the Court which rejected the plaint for insufficient court fee can review the order of rejection.

(2.) The above question has arisen in the following manner : The revision petitioner is the plaintiff in O.S. No. 328 of 2001 on the file of the Munsiff's Court, Aluva. Issues were framed in the suit on 7-11-2002 and the plaintiff was ordered to pay the balance court fee within 15 days. The suit was posted to 7-3-2003. The balance court fee was Rs. 1360/-. According to the revision petitioner, due to a mistake in the calculation, an amount of Rs. 1090/- alone was paid towards balance court fee. When the case was taken up on 7-3-2003, the Court below noticed that the entire balance court fee was not paid by the revision petitioner. Though the deficient court fee was paid by the plaintiff on 7-3-2003 itself, the learned Munsiff rejected the plaint by judgment dated 7-3-2003. I. A. No. 644 of 2003 was filed before the Court below by the revision petitioner/plaintiff on 17-3-2003 under S.149 and 151 and O.47 R.1, CPC praying for a review of the judgment dated 7-3-2003. The learned Munsiff summarily dismissed the application for review as per Order dated 18-3-2003. Aggrieved, this Civil Revision Petition is filed.

(3.) Notice was served on the sole respondent who is the defendant in the suit. But none appeared .