ANTONY Vs. CHANDNI CHITS P LTD

JUDGEMENT

(1.) This unnumbered Miscellaneous First Appeal has been sent to the Bench at the request of the learned counsel for the appellants in view of the objection raised by the Registry that the court fee paid by the appellant is insufficient. We have heard learned counsel for the appellants and also the learned Additional Advocate General.

(2.) This appeal is filed under S.5 of the Kerala High Court Act against the judgment dated 2.3.2001 of a learned Single Judge of this Court in C.C. No.2 of 1994 in C.P. No.57 of 1989. As per S.21 of the Kerala Court Fees and Suits Valuation Act, 1959 the court fee payable under the Act shall be determined or computed in accordance with the provisions of Chaps.VI and IX and Schedules I and II of the said Act. As per Art.3(iii)(A)(2)(b) of Schedule II to the Kerala Court Fees and Suits Valuation Act, the court fee payable on a memorandum of appeal presented to the High Court under S.5 of the Kerala High Court Act, 1958 from an order, other than an order under the Kerala Agriculturists Debt Relief Act, 1958, passed in exercise of original jurisdiction, which would be appealable under the Code of Civil Procedure, 1908, had it been passed by a subordinate court, is only Rs.10/-.

(3.) The impugned judgment was passed by the learned Single Judge in exercise of original jurisdiction. Had this order been passed by a subordinate court it would be appealable under the Code of Civil Procedure, 1908. This appeal is filed under S.5 of the Kerala High Court Act, 1958. The impugned order is not an order under the Kerala Agriculturists Debt Relief Act, 1958. The court fee payable on a memorandum of appeal against the impugned order has not been otherwise provided for. Hence the learned counsel for the appellants is right in submitting that the court fee payable in this case is as provided under Art.3(iii)(A)(2)(b) of Schedule II of the Kerala Court Fees and Suits Valuation Act.