MOIDEEN KOYA Vs. PARAKULAMBIL KADEEJAKUTTY AND ORS.

JUDGEMENT

(1.) Ext.P2 order passed by the Subordinate Judge's Court, Tirur in an unnumbered suit, by which the plaint was ordered to be returned for non-payment of court fee, is under challenge.

(2.) The suit was filed on 22.06.2015 with court fee stamp for 300 purchased on 05.03.2011. The court below has taken the view that stamps purchased prior to six months from the date of use could not be made use of for the payment of court fee. The court below has relied on Rule 12(g) and Rule 13(1) of the Kerala Court Fees and Suits Valuation(Board of Revenue) Rules, 1960 and also Section 52 of the Kerala Stamp Act,1959 for taking such a view. It seems that the court below has misread those provisions. Rule 12(g) of the aforesaid Rules says:

(3.) Rule 13(1) of the aforesaid Rules says: