KATHYEE COTTON MILLS Vs. R PADMANABHA PILLAI

JUDGEMENT

(1.) This is a revision by the 1st defendant in OS 147 of 1956, Sub Court, Parur (formerly OS 124/55 District Court, Parur) against the order dated 18-12-1956 giving time to the plaintiffs to pay the additional court fees.

(2.) It is unnecessary to state in detail about the nature of the suit or the reliefs asked for or how these reliefs are to be valued; because there was an order on 23-1-1956 by the learned District Judge, Parur before whom the suit was then pending, directing the plaintiffs to correct the valuation and to pay the requisite court fee as indicated in the said order within two weeks.

(3.) The plaintiffs filed a revision, CRP 80/56 to the Travancore-Cochin High Court against this order of the District Court. In revision, Mr. Justice N. Varadaraja Iyengar confirmed the order of the Trial Court and dismissed the CRP with costs. The plaintiffs appear to have filed an application for amendment of the plaint, but the High Court gave the plaintiffs liberty to move the Trial Court for appropriate reliefs. Though the time granted by the lower court for payment of additional court fees had already expired on the date of the High Court's order, the learned Judge did not say anything about any extension of time for payment of court fees. But there appears to have been a stay of the operation of the Trial Court's order during the pendency of the C.R.P. in the High Court.