NEW INDIA FUELS Vs. ISSAC N. ISSAC

JUDGEMENT

(1.) The appellant in RFA No.353 of 2022 has filed the captioned review petition under Order XLVII Rule 1 read with Sec. 114 of the Code of Civil Procedure, 1908 (for short, the 'Code') seeking review of the judgment dtd. 4/6/2024, by which, the appeal stood rejected for non-payment of the balance court fee.

(2.) The appeal was filed against the judgment and decree in O.S.No.30 of 2018 before the Sub Court, Pala. The court fee payable under Sec. 52 of the Kerala Court Fees and Suit Valuation Act, 1959 (for short, the 'Court Fees Act') of Rs.1,19,734.00 was remitted while filing the appeal. Though the appeal was admitted, condoning the delay in filing the same and the time for satisfying the balance court fee extended by two weeks on 3/4/2024, it was noticed that the balance court fee was not remitted even after the extended period. It is in such circumstances, that by our judgment dtd. 4/6/2024, we rejected the appeal for non-payment of the balance court fee.

(3.) The captioned review petition is filed relying upon Annexure II order in RFA(Indigent) No.209 of 2023 dtd. 25/1/2024, in which one of us [Anil K. Narendran, J.] permitted the review petitioner herein to prosecute another RFA, as an indigent person.