P.C. VARKEY Vs. RENI REJI

JUDGEMENT

(1.) The main prayer in this petition filed under the enabling provisions contained in Article 227 of the Constitution of India is as follows:

(2.) Heard Sri.T.Shihabudheen, learned counsel appearing for the petitioner/defendant. In the nature of the order that is proposed to be passed in this petition, notice to the respondent will stand dispensed with.

(3.) The petitioner herein is the defendant in O.S.No. 257/2016 on the file of the Munsiff's Court, Vaikom, which has been filed by the respondent herein/ plaintiff. The suit is for recovery of money. It is in dispute that the respondent/plaintiff had failed to remit the balance fee within the 15 days from the date of framing of the issues, which is in consonance Section 4A of the Kerala Court Fees and Suit Valuation Act, 1959. It is the case of the petitioner that as per the provisions contained in Section 4A of the Kerala Court Fees and Suit Valuation Act, 1959, the balance fee should have been paid later than 15 days from the date of framing of the issues and in the instant case, the balance court fee ought to have been paid by the plaintiff on or before 12.10.2017. That on 27.10.2017, when the case had come up for consideration, the respondent/plaintiff had neither paid court fee within the prescribed time limit nor had filed any formal application for extension of time, and when an oral submission was made for extension, the court had permitted him to file an application in that regard for extension of the time limit. It has been so filed as per Ext.P-3 dated 27.10.2017. The petitioner had filed Ext.P-4 objection to Ext.P-3 application. Later when Ext.P-3 application had come up for consideration the court below had noted that the petitioner has already remitted the court fee while the petition is pending and had accordingly closed the petition. Ext.P-5 order dated 7.11.2017 rendered by the trial court on I.A.No. 1703/2017 in the O.S. reads as follows: ORDER