KUNDOTTIL SUKUMARAN NAIR Vs. SPECIAL TAHSILDAR

JUDGEMENT

(1.) "When an appeal is dismissed consequent on the dismissal of the petition for condonation of delay in filing the appeal within the prescribed period of limitation, is not the appellant entitled to refund of one-half of the court fee paid under the second proviso to Section 52 of the Kerala Court Fees and Suits Valuation Act and Rules - The above question has been posed and referred to the Full Bench to consider whether the decision in Zakariyas v. Johny,1999 3 KerLT 419 has been correctly decided, wherein the issue has been answered in the negative.

(2.) The Division Bench while making the reference took the view that in Zakariyas the Bench which decided the case had not dealt with the impact of the amendment to Section 52 and that if the second proviso to Section 52 is read with Section 66(2) of the Act, the appellant would be entitled to refund of one-half of the one-third court fee paid at the time of admission of the appeal.

(3.) The Kerala Court Fees and Suits Valuation Act 1959 was amended by Act 6 of 1991 with effect from December 5, 1990. Section 4A which deals with levy of court fee in suits was inserted in Chapter II of the Act, which reads as hereunder: