ROSHAN KURIAN Vs. MARIYAM ALIAS POULY

JUDGEMENT

(1.) The petitioner herein is the plaintiff in O.S. No.215/2015 pending before the Principal Sub Court, Irinjalakuda. He is aggrieved by Ext.P5 order, which dismissed the review petition seeking review of an order rejecting the plaint for nonpayment of balance court fee.

(2.) Heard the learned counsel for the petitioner and respondent.

(3.) Learned counsel for the petitioner submits that the entire balance court fee due, as per the unamended plaint has been paid by the petitioner/plaintiff and what was not paid was the additional court fee pursuant to amendment of the plaint for incorporating certain additional claims by way of interest. According to the learned counsel, I.A.No.2932/2019 seeking review of the order rejecting the plaint, which was filed within the stipulated time, ought to have been allowed and Ext.P5 is therefore flawed, warranting interference under Article 227 of the Constitution of India.