SHAHUL HAMEED Vs. SULEKHA BEEVI

JUDGEMENT

(1.) The court fee payable on a Memorandum of Review Petition filed seeking review of the decision in a Second Appeal which is disposed of at the admission stage, is the issue falls for consideration in this matter.

(2.) The first appellant in R.S. A. No. 771 of 2013 seeks review of the judgment in the Second Appeal. The Second Appeal was one disposed of at the admission stage. As such, in the light of the Second Proviso to Sec. 52 of the Kerala Court Fees and Suits Valuation Act ('the Act' for short), the appellants had paid on the Second Appeal only one third of the court fee payable on the Second Appeal. Since the appellants had paid only one third of the court fee payable on the Second Appeal, the first appellant has paid only one half of the said court fee in the Memorandum of Review Petition. The Registry maintains the stand that the first appellant has to pay on the Memorandum of Review Petition one half of the court fee payable on the Memorandum of Second Appeal. The first appellant, however, maintains the stand that he is liable to pay on the Memorandum of Review Petition only one half of the court fee paid by the appellants on the Memorandum of Second Appeal. The matter has thus come up for resolution of the said dispute.

(3.) Heard the learned counsel for the first appellant as also the learned Government Pleader.