NETTOOR SREEDHARAN Vs. CHANDRAN

JUDGEMENT

(1.) This Regular Second Appeal was posted before me unnumbered on the request of the learned counsel for the appellant since according to the learned counsel the court fee paid as per the newly introduced Article 1(A) of the first schedule of the Kerala Court Fees and Suit Valuation Act inserted by the Kerala Finance Act 2025 with effect from 1/4/2025 is sufficient.

(2.) The Registry of this Court found the Appeal defective on account of deficiency of court fee, as according to the Registry as per Sec. 52 of the Kerala Court Fees and Suit Valuation Act, 1959, the court fee payable in an appeal shall be same as the fee that would be payable in the Court of first instance on the subject matter of appeal. The Division Bench decision of this Court in Usha v. Food Corporation of India 1997 (1) KLT 264 supporting the stand of the Registry is also brought to the notice of this Court.

(3.) The Appeal arises from a suit for damages on account of defamation. The Ad Valorem court fee of Rs.8,400.00 is paid on the valuation of Rs,1,00,000/- in the Trial Court as well as in the First Appellate Court under Sec. 22 read with Article 1 of Schedule I KCF and SV Act.