KANNAMALIL CHACKO MATHEW Vs. THRIVIKRAMAN THAMPI

JUDGEMENT

(1.) The original petition is filed challenging Ext.P4 order dtd. 12/8/2016 passed in I.A No.48/2016 in O.S No.330/2012 by the Court of the Subordinate Judge, Mavelikara.

(2.) On a perusal of Ext.P4 order, it is seen that I.A No.48/2016 is a review petition filed by the petitioner challenging the order rejecting the plaint for non-payment of court fee.

(3.) Indisputably, an order rejecting a plaint for non-payment of court fee is a decree under Sec. 2 (2) of the Code of Civil Procedure. Notwithstanding the order being a decree, the petitioner chose to file a review petition by way of I.A No.48/2016, which is perfectly maintainable. However, the court below, finding that there is no error in the order rejecting the plaint for non-payment of court fee, dismissed the review petition.