STATE OF KERALA Vs. C J JOY

JUDGEMENT

(1.) Matter has been placed before us since balance court fee has not been paid by the State of Kerala. This appeal was filed on 7.8.2002 and was finally heard by us on 26.6.2003. Appeal was partly allowed and the judgment and decree was modified. When the appeal was filed the court fee payable was Rs.11,408/-. State paid one - third of the court fee. Balance court fee payable at that time was Rs.7,605/-. State paid an amount of Rs.3,934/-. Since there is deficiency in paying balance court fee of Rs.3,671/- this matter has been posted before us for appropriate orders directing the State Government to pay balance court fee.

(2.) Learned Government Pleader Sri. K.L. Joseph submitted that the State is not bound to pay the balance court fee in view of the Kerala Court Fees and Suits Valuation (Amendment) Act, 2003. The Act came into force on 6.3.2003. A new provision 73A was inserted after S.73 which reads as follows:

(3.) Court fee payable in an appeal is under S.52 of the Court Fees Act. Second proviso to S.52 stipulates that one third of the fee payable in an appeal shall be paid at the stage of admission of first appeal or second appeal as the case may be and the balance shall be paid within such period, not later than fifteen days from the date of such admission as may be specified by the court in case the appeal is admitted. In the instant case State has already paid one - third of the court fee when the appeal was presented on 7.8.2002. Question that has come up for consideration is whether the State should pay balance court fee as demanded by the Registry. We are of the view the relevant date for reckoning payment of court fee as per second proviso to S.52 is at the stage of admission. When the case came up for admission before this Court evidently State has already paid one - third of the court fee. When the matter came up for admission on 10.4.2003 Kerala Court Fees and Suits Valuation (Amendment) Act, 2003 has already come into force by 6.3.2003 and no court fee is payable by the State Government. We are therefore of the view State Government is not bound to pay court fee after 6.3.2003. S.73A was also found to be valid by this Court in Human Rights Protection Forum v. State of Kerala & another ( 2003 (3) KLT 436 ). We therefore uphold the contention of the learned Government Pleader and hold that State is not bound to pay balance court fee.