V M RAJENDRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This Civil Revision Petition has been placed before us on a reference by the learned single judge holding that the points raised are of considerable importance. The issue relates to payment of court fee learned single judge also made reference to a Bench decision of this court in Sreekumaran v. State of Kerala.

(2.) The Civil Revision Petition arises out of an order dated 6.6.1997 in O.S.No.182 of 1991 passed by the Subordinate Judge s Court, Thodupuzha. Since proper court fee was not paid, the suit was not proceeded with. Plaintiff was directed to amend the plaint giving proper valuation for the reliefs prayed for and to pay the required court fee within ten days from the date of the order. Court fee was not paid instead this revision petition was preferred and obtained stay of further proceedings in the suit.

(3.) Plaintiff was the successful bidder in respect of bit No.II of 1976 Wattle plantation at Pazhathottam, in the auction held on 7.11.1990. Auction was confirmed by the Conservator of Forests, High Range Circle, Kottayam as per order dated 10.1.1991. Bid amount was Rs.3,21,000/and the plaintiff had remitted Rs.25,000/- on 7.11.1990 as per the sale condition. Plaintiff instituted the suit on the plea that the confirmation of the auction was illegal and that the auction was null and void and prayed for the following reliefs: