K.O. THOMAS Vs. BIJU AND OTHERS

JUDGEMENT

(1.) The Appellant in an unnumbered Appeal Suit of 2017 is aggrieved by the impugned order of the learned District Judge, Ernakulam, filed against the decree in OS No.1020/2013, directing him to pay additional court fee under the amended provisions of sub-Section (1) of Section 76 of the Kerala Court Fees and Suits Valuation Act, 1959 ('Act', for short).

(2.) The petitioner herein was the plaintiff in OS No.1020/2013 (Ext.P1) on the file of First Additional Munsiff's Court, Ernakulam for realisation of Rupees Ten lakhs from the defendant therein. The suit was dismissed and the petitioner filed Appeal as Ext.P2. Defect was noticed by the office for the reason that additional court fee has not been remitted at 1% as contemplated under sub-Section (1) of Section 76 of the Act towards Legal Benefit Fund. The matter was placed before the learned District Judge and vide Ext.P3 impugned order, the appellant was directed to pay the requisite court fee within 15 days. The suit is of the year 2013 and it was only by virtue of GO(P) No.5/2016/Law dated 7.4.2016 that the provision regarding additional court fee for the purpose of Legal Benefit Fund to be collected and credited as contemplated under Section 76(1) of the Act was introduced. It is submitted that the appeal is only a continuation of the suit filed in 2013 and therefore, the learned District Judge was not justified in insisting payment of additional court fee under Section 76(1) of the Act. It is therefore prayed that the impugned Ext.P3 order may be set aside and the appeal may be directed to be numbered and received on the files of the District Court.

(3.) Vide order dated 11.12.2017, this Court directed the appeal to be numbered provisionally on receipt of court fee payable at the time of institution of the Original Suit.