GANGADHARAN Vs. JAMES JOSEPH

JUDGEMENT

(1.) The plaintiff in a suit for specific performance is the revision petitioner. The Civil Revision Petition is filed against an order passed by the learned Sub Judge rejecting an application filed by the revision petitioner for setting aside the order passed by the court below on 24.3.1999 rejecting the plaint for non payment of balance court fee and restore the suit to file after condoning the delay in filing the petition. The short facts for disposal of the Revision Petition is as follows.

(2.) The revision petitioner filed a suit for specific performance alleging that the respondent had entered into an agreement for sale of suit property to him for a total consideration of Rs.7,40,000/- and received an amount of Rs.4,94,000/- as part of sale consideration on different occasions. It is further averred that the defendant / respondent had committed breach of the agreement and is not executing the sale deed after receiving the balance of sale consideration. The respondent appeared and contested the suit. He filed the written statement and thereafter the case was posted for settling issues. The total court fee payable was Rs.56,050/-. The petitioner filed the suit paying an amount of Rs.5,605/- as the 1/10th of the total court fee. After settling the issues, the learned Sub Judge directed the revision petitioner to pay the balance court fee within 15 days and posted the case to 24.3.1999. On that day there was no representation. The plaintiff and the counsel were absent. The balance court fee was not paid. Hence the learned Sub Judge rejected the plaint.

(3.) The revision petitioner filed I.A. No. 2533/1999 for setting aside the order passed on 24.3.1999 rejecting the plaint and to restore the suit to file and also to receive the balance court fee. He also filed I.A. No. 2534/1999 for condoning the delay in filing the petition to set aside the order passed on 24.3.1999.