The High Court of Kerala held that rejection of a plaint for non-payment of balance court fee amounts to a decree. Consequently, no Civil Revision lies against such an order. Both the revision and the Contested Motion Application were dismissed as not maintainable.
The Civil Revision Petition and Contested Motion Application are dismissed as not maintainable.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE K.T.SANKARAN
MONDAY, THE 18TH FEBRUARY 2008 / 29TH MAGHA 1929
CRP.No. 1019 of 2005
AGAINST THE ORDER DATED 30.6.2004 IN O.S.NO.10/1997 OF SUB COURT, PATHANAMTHITTA
REVN. PETITIONER: PLAINTIFF.
T.K.BALAN, S/O.M.K.KRISHNAN, AGED 50YEARS, RESIDING AT MUDAVANAL HOUSE, ELAVUMTHITTA MURI, MEZHUVELI VILLAGE, PATHANAMTHITTA.
BY ADV. SRI.V.PHILIP MATHEWS
RESPONDENT: DEFENDANT.
N.G.GOPINATH, S/O.GOPALAN, AGED 42 YEARS RESIDING AT NELLIKATTIL HOUSE, NJAKKUNILAM, KOTTAYAM MURI, V- KOTTAYAM.
BY
THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 18/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
K.T.SANKARAN, J.
C.R.P. NO. 1019 OF 2005 G and C.M.APPL. NO. 811 OF 2005 in C.R.P.NO. 1019 OF 2005
-------------------------------------------Dated this the 18th February, 2008
O R D E R
The Civil Revision Petition is filed by the plaintiff in O.S.No.10 of 1997, on the file of the Court of the Subordinate Judge of Pathanamthitta, challenging the judgment dated 30.6.2004 rejecting the plaint for nonpayment of the balance court fee. Rejection of a plaint amounts to a decree. Therefore, no Revision lies. Therefore, C.M.Appl.No.811 of 2005 as well as the Revision are dismissed as not maintainable. The revision was filed on 7.4.2005. If the petitioner files an appeal, the period from 7.4.2005 till today will stand excluded as the petitioner was bona fide prosecuting this Revision.
(K.T.SANKARAN) Judge
ahz/
K.T.SANKARAN, J.
------------------------------------------C.R.P. NO. 1019 OF 2005 G and C.M.APPL. NO. 811 OF 2005 in C.R.P.NO. 1019 OF 2005 O R D E R
18th February, 2008 -------------------------------------------
1 issue framed by the court
Whether a Civil Revision lies against a rejection of a plaint for non-payment of court fee, as such rejection amounts to a decree.
PLAINTIFF
DEFENDANT
K.T.SANKARAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
