SAHASRABDA CHITS (P) LTD Vs. SUDEEP

JUDGEMENT

(1.) Petitioner, who is the plaintiff in OS No. 203/2007 of the Subordinate Judge's Court, Irinjalakuda, has come up by challenging Ext. P4 order dated 26/07/2010 passed by the said Court in IA No. 4445/2008 in the said suit.

(2.) OS No. 203/2007 was a suit for money filed by the petitioner herein as the plaintiff. The suit was posted on 22/10/2008 for the payment of balance court - fee. On that day, the plaintiff was absent and there was no representation. As the balance court - fee was not paid, the Court below rejected the plaint through Ext. P2 judgment. Thereafter, on 21/11/2008, the petitioner paid the balance court - fee and preferred IA No. 4445/2008 for reviewing the judgment dated 22/10/2008.

(3.) The Court below, through Ext. P4 impugned order, dismissed the IA on two grounds; that there was no error apparent on the face of the record so as to entitle the plaintiff to get the earlier judgment reviewed and that the court - fee paid on the review petition was insufficient.