RAMACHANDRAN PILLAI Vs. KERALA WATER AUTHORITY

JUDGEMENT

(1.) This is appeal filed by the plaintiff in O.S.135 of 1995 on the file of the Sub Court, Muvattupuzha challenging that part of the judgment and decree passed by the trial court whereby it was directed that a copy of the decree be forwarded to the District Collector for realisation of court fee.

(2.) The suit O.S.135 of 1995 was one instituted by the appellant-plaintiff as an indigent person obtaining permission of court. The defendant entered appearance in the suit and it is submitted that the defendants filed written statement also. Thereafter the suit was dismissed as not pressed and later it was again restored on an application vide I.A.374 of 1998. Thereafter the suit was withdrawn with liberty to file fresh suit vide order on I.A.375 of 1998. It was while withdrawing the suit with such leave that the trial court directed that a copy of the decree be forwarded the District Collector for realisation of court fee.

(3.) Rule 11 of Order XXXIII C.P.C. stipulates the procedure to be adopted by the court inter alia in the event of a suit by an indigent person being withdrawn and reads thus: