K SRINIVASAN Vs. P. SRINIVASAN

JUDGEMENT

(1.) By consent of learned counsel on both sides, the O.S.A. itself is taken up for final disposal.

(2.) This appeal is filed against an order of a learned single Judge in C.S. Diary No. 5246/88 and Application Nos. 20105 and 20106/88. The admitted facts are that the plaintiff/applicant has filed C.S. Diary No. 5246/88 with court fee of Rs. 4960. The Office returned the papers pointing out certain defects. The bundle was lost in the office of the counsel for the plaintiff and in that circumstance the applicant approached the court for reconstruction of the papers and for exemption from payment of court fee again.

(3.) The learned Judge accepted the fact of loss of papers in the office of the counsel for the plaintiff. He also accepted the payment of court- fee of Rs. 4,960 by observing thus :