K.M. JOY Vs. PRINCY SHAJI

JUDGEMENT

(1.) The order under challenge, in this Civil Revision Petition is the one rendered by the Trial Court concerned (Additional Subordinate Judge, Palakkad), on 19.07.2017, whereby the review petition filed by the petitioner/plaintiff to impugn the rejection of the plaint for nonpayment of the court fee, has been dismissed.

(2.) Heard, Sri. Dinesh Mathew J. Murikkan, the Learned Counsel appearing for the petitioner/plaintiff and Sri. P.B. Krishnan, the Learned Counsel appearing for the respondent/defendant.

(3.) The revision petitioner herein is the plaintiff and the respondent herein is the defendant in O.S.No. 235/2013 on the file of the Additional Sub Court Palakkad. It is not in dispute that the plaint was rejected for non-payment of balance court fee and the said order was rendered without hearing the counsel for the plaintiff in as much as he could not attend to the said court on that day. Thereupon the petitioner had filed I.A.No. 4860/2016 in O.S.No. 235/2013 under Order 46 of CPC to review the order rejecting the plaint on 29.09.2015.