STATE OF KERALA Vs. N UMESH RAO

JUDGEMENT

(1.) This is a petition filed under S.149 and 151 of the Code of Civil Procedure and S.5 of the Limitation Act, to condone the delay of 83 days in remitting 2/3rd balance court fee payable in the appeal after it was admitted. It is stated that the delay was caused due to administrative reasons beyond the control of the appellant. State is the appellant. The appeal is filed challenging the judgment in L. A.R. No. 2 of 1994 of Sub Court, Hosdurg.

(2.) The claimant who is the respondent in the appeal opposes the petition in that there are no valid reasons for condoning the delay and administrative reasons are hardly relevant in the matter of paying the balance court fee. It is also contended that S.52 of the Kerala Court Fees and Suits Valuation Act, 1959 (for short the Act) provides for time for payment upto 30 days and therefore the delay of 83 days should not be condoned.

(3.) There are similar petitions, very many in number, wherein after admission of appeals parties have not paid the 2/3rd balance court fee as provided in S.52 of the Act. Therefore, all the petitions were posted for common hearing and counsel were heard. The question involved is the operation of S.52 of the Act. Notice was issued to Advocate General in order to hear the views of the State in the matter. Learned Advocate General appeared before Court and placed his submissions. I am treating this as the leading case to project the problem and find out a solution.