ANANTHA NAICKEN RAMA NAICKEN Vs. VASUDEV NAICKAN

JUDGEMENT

(1.) In this revision petition Mr. S. Bhoothalinga Iyer, learned counsel for the plaintiff petitioner challenges the order of the learned District Judge of Alleppey dated 31-10-1963 passed in A. S. No. 294 of 1963.

(2.) The plaintiff instituted the suit O. S. 91 of 1960 in the Subordinate Judges Court, Alleppey, claiming various reliefs. One of the issues framed in the suit related to the question as to whether proper court fee has been paid. That was the subject of issue No. 3. The Trial Court, after recording findings on the various points, has also dealt with issue 3, and takes note of the contentions of the plaintiff that the suit has been properly valued and proper court fee has been paid, and also the contention of the defendants that the court fee paid is inadequate. In this connection the Trial Court no doubt has taken the view that the case reported in Jaya Motion Pictures Ltd. v. New Theatres Ltd., Palai (1956 KLT Short Notes page 9) is applicable to the case on hand, and therefore the court fee has to be paid on the basis of the valuation of the suit. But curiously enough, the Trial Court has further stated that inasmuch as it is dismissing the suit, it is unnecessary that the plaintiff should be called upon to pay additional court fee.

(3.) That is absolutely an erroneous view taken by the Trial Court. If it is found at the hearing that deficit court fee has not been paid, the proper thing would be to stop further hearing of the matter and direct the plaintiff or the party concerned to pay the necessary court fee and then only resume the hearing; and in default of such compliance, to reject the plaint or memorandum of appeal. I am only adverting to this aspect for considering the correctness or otherwise of the order of the learned District Judge which is under attack in this revision petition. The question of the correctness of the court fee paid on the plaint formed the subject of an issue, and the Trial Court has expressed an opinion that court fee has to be paid on the basis of the valuation of the suit, which means, the plaintiff has not paid the proper court fee on the plaintiff.