CHERAYATHU PAUL Vs. DHARMODHAYAN COMPANY TRICHUR

JUDGEMENT

(1.) The common question in these O. R. Ps. is of the court fee payable on applications under S.9(3) of the Kerala Agriculturists Debt Relief Act, 1958, which may hereinafter be referred to as 'the Act." In Beepathumma v. Shambhatta (1963 KLJ 260) one of us (Madhavan Nair, J.) has expressed that such court fee must be as prescribed in S.11(3) of the Act; but in C. R. P. No. 910 of 1961 another of us (Raghavan, J.) felt that such applications are a species of applications under S.9(1) and might therefore require court fee as prescribed in S.9(4) of the Act, and referred the matter for consideration by a Bench; and it has now been placed before this Full Bench by the learned Chief Justice.

(2.) Several aspects not been considered in 1963 KLJ 260 have been brought to bear on the question, and in their light we think that the position has to be reconsidered.

(3.) The first question is whether applications under sub-s.(3) of S.9 are a species of applications under sub-s.(1) thereof. We think the answer must be in the negative. S.9 of the Act reads thus: