PANKAJAKSHY Vs. STATE BANK OF TRAVANCORE

JUDGEMENT

(1.) This Civil Revision Petition is filed by counter petitioners 1, 2 and 4 in EA No. 397 of 2003 in OS No. 785 of 1989 on the file of the Principal Munsiff, Cherthala. The petitioners valued the above Civil Revision Petition above Rs. 1,000 and levied and paid court fee of Rs. 10 alone under Schedule II, item No. 11(P) of the unamended Court Fees Act. The Registry raised an objection that the court fee paid is insufficient. The petitioners contend that the court fee paid is sufficient since the matter arises in a suit filed prior to the amendment. The matter is placed before Court.

(2.) Notice was given to the State and Sri Mohan C. Menon, Senior Government Pleader appeared and argued the matter.

(3.) The short question arising for consideration is whether the petitioners are liable to pay the enhanced court fee as per the amended provision of the Kerala Court Fees and Suits Valuation Act or whether they need pay only the court fee as per the unamended provisions.