Allowed

Gloriya Jose Kotturan v. a.v.Thomas

Kerala HC9 Apr 2008RP/405/2008

Case brief

AI extract

What is this about?

The court clarified in a review petition that the question regarding the correct provision of the Court Fees Act applicable to court fee assessment—Section 25(b) or 25(d)(ii)—should be left open for the trial court to decide based on fuller materials.

What did the court decide?

The review petition was disposed of by leaving the choice between Section 25(b) and Section 25(d)(ii) of the Court Fees Act open to be decided by the court below.

Gloriya Jose Kotturan Vs a.v.Thomas — Civil Procedure and Limitation | Kerala HC (2008)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE M.N.KRISHNAN

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WEDNESDAY, THE 9TH APRIL 2008 / 20TH CHAITHRA 1930

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RP.No. 405 of 2008 --------------------------AGAINST THE JUDGEMENT IN CRP.1039/2007

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PETITIONER/1ST RESPONDENT/PLAINTIFF/1ST DEFENDANT:

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----------------------------------------------------------------------------------------

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GLORIYA JOSE KOTTURAN, D/O.JULIAN J.DAVID, AGED 63 YEARS, PARAEKKATT BUNGLAW, ALUVA KARA, ALUVA WEST VILLAGE, ALUVA TALUK, RESIDING AT B7, GCDA HIG, GANDHI NAGAR, KOCHI-20.

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BY ADV. SRI.K.RAMAKUMAR (SR.), ADV. SRI.T.RAMPRASAD UNNI.

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RESPONDENTS/ REVIEW PETITIONER & RESPONDENTS, PLAINTIFF & DEFENDANTS 2 - 5:

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---------------------------------------------------------------------------------------------------

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1. A.V.THOMAS, S/O.VARGHESE, AGED 82 YEARS, RUBI VILLA, ARAMBAD, MITHAPOOR, GUJARATH STATE, REPRESENTED BY POWER OF ATTORNEY HOLDER K.P.VARGHESE, S/O.LATE PAILY, AGED 67 YEARS, KANNOTH HOUSE, UDYOGAMANDAL P.O., ELOOR SOUTH, ERNAKULAM DISTRICT.

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2. POLY K. AYYAMPILLY, SON OF LATE A.P.KURIAN, MANAGING DIRECTOR, PEN BOOKS LIMITED, AYYAMPILLY HOUSE, VELIYATHUNADU, ALUVA TALUK, ERNAKULAM DISTRICT.

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3. THOMAS J. DAVID @ TOMY, S/O.JOSEPH J.DAVID, PERAKKATT BUNGLOW, ALUVA KARA, ALUVA WEST VILLAGE, ALUVA TALUK (PRESENT ADDRESS NOT KNOWN).

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4. JOSEPH J. DAVID, S/O.JULLAN J.DAVID, PAREKKAT BUNGLOW, ALUVA KARA, ALUVA WEST VILLAGE, ALUVA TALUK (PRESENT ADDRESS NOT KNOWN).

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5. ANNIE JOSEPH, WIFE OF JOSEPH J.DAVID, PEREKKAT BUNLGOW, ALUVA KARA, ALUVA WEST VILLAGE, ALUVA TALUK (ORESENT ADDRESS NOT KNOWN).

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BY ADV. SRI.KURIAN ANTONY EDASSERY, ADV. SRI.A.JAYASANKAR, ADV. SRI.K.J.KURIACHAN.

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THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 09/04/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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M.N.KRISHNAN, J

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=====================

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R.P. No.405 OF 2008 in CRP.No.1039/2007

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=====================

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Dated this the 9th day of April 2008

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O R D E R

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By virtue of my order dated 18.3.2008 I had directed the court below to consider about the correctness of the court fee and in the process of making the decision I had held that the real provision is Section 25(b) and not Section 25(d)(ii) of the Court Fees Act. Learned counsel would contend that in fairness that also may be left open to be decided by the trial court so that there can be full fledged materials supplied for the arrival of a decision. I feel there is considerable force in the said contention. After hearing the other side, it can be left open to be decided by the court below. Therefore, I clarify that the court while considering the question of court fee, is free to consider whether section 25(b) or Section 25(d)(ii) of the Court Fees Act is applicable in deciding the case.

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Review petition is disposed of as above.

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M.N.KRISHNAN, JUDGE

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Cdp/-

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CRPs 1918 & 1919/2003 -:2:-

Gloriya Jose Kotturan v. a.v.Thomas

Case brief

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Gloriya Jose Kotturan v. a.v.Thomas

Case brief

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