K.K. VIJAYAN Vs. BSNL AND OTHERS

JUDGEMENT

(1.) The appellant is the plaintiff in O.S. No. 1220 of 2010 on the file of the Court of the I Additional Subordinate Judge of Thrissur. The respondents are the defendants therein. In this appeal the appellant challenges the order passed by the court below on 13.10.2016 rejecting the plaint in O.S. No. 1220 of 2010. The brief facts of the case are as follows:

(2.) The work of laying optic fiber cables at various locations in Thrissur district was awarded to the appellant plaintiff by Ms. Idea Cellular Limited as per an agreement entered into between them on 7.3.2008. While the appellant was carrying out the said work, the second defendant issued a letter dated 3.3.2009 (document No. 1 referred to in the plaint) calling upon the plaintiff to pay the sum of Rs. 65,000/- being the value of the damaged cables laid by BSNL in Ollur Exchange area. The plaintiff paid the said amount on 20.3.2009, according to him, in view the assurance held out by the second defendant that the amount would be refunded later. Later, the second defendant issued another letter dated 28.4.2009 (document No. 2 referred to in the plaint) demanding payment of the sum of Rs. 1,37,500/- being the value of the damaged cables laid by BSNL at another location within Ollur Exchange area. The plaintiff remitted the said amount as well on 22.5.2009. Still later, a third demand was made by the second defendant on 4.6.2009 (document No. 3 in the plaint) demanding payment of the sum of Rs. 3,55,000/-. The plaintiff did not pay the said amount. Instead, he filed O.S. No. 1220 of 2010 in the Court of the Subordinate Judge of Thrissur on 3.9.2010. The reliefs prayed for in the plaint in O.S. No. 1220 of 2010 as originally filed, were as follows:

(3.) The plaintiff had in the plaint as filed valued relief (a), viz. a declaration that he has no liability to the defendants, in respect of the amount claimed in the plaint, at Rs. 1,000/-, relief (b) at Rs. 2,02,500/-and relief (c) at Rs. 500/-. The total valuation of the various reliefs claimed in the plaint was Rs. 2,04,000/- in respect of which the court fee payable was Rs. 18,800/-. Though the plaintiff had in the plaint set out the provision of law under which the said amount was payable as court fee, he had remitted 1/10th of the sum of Rs. 18,800/-, viz. Rs. 1,880/- as court fee in terms of section 4A of the Kerala Court Fees and Suits Valuation Act, 1959, hereinafter referred to as "the Act" for short. The balance court fee payable, going by the plaint as filed, was Rs. 16,920/-.