G. GIRI Vs. G. GEETHA

JUDGEMENT

(1.) This regular first appeal has been filed under Sec. 96 read with Order XLI Rule 1 of the Code of Civil Procedure, 1908 [hereinafter referred as 'CPC' for short], by the plaintiff in O.S. No.922 of 2011 on the files of the Principal Sub Court, Kollam, assailing rejection of plaint for non-payment of balance court fee and the order dtd. 27/8/2014 in I.A. No.1982 of 2013 in the above suit, whereby the petition filed by the appellant herein under Order XXXIII Rules 1 and 2 of CPC, was dismissed. The appellant herein is the plaintiff and the respondent is the defendant in the above suit.

(2.) Heard the learned counsel for the appellant and the learned counsel appearing for the respondent. Perused the verdict under challenge and the records of the trial court.

(3.) Parties in this appeal shall be referred as "plaintiff" and "defendant" with reference to their status before the trial court.