Mammen Varghese v. v.M.Kumar
Case brief
What is this about?
Appeal dismissed as not pressed without investigation. Court ordered refund of half the court fee paid to the appellant, relying on its decision in Philomina Joseph regarding suits dismissed as not pressed.
What did the court decide?
Refund of half of the court fee paid to the appellant.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH
WEDNESDAY, THE 10TH MARCH 2010 / 19TH PHALGUNA 1931
RSA.No. 419 of 2006()
--------------------AS.175/2004 of DISTRICT COURT, KOTTAYAM OS.190/1999 of ADDL.MUNSIFF COURT,KOTTAYAM
APPELLANT/APPELLANT/PLAINTIFF:
MAMMEN VARGHESE, AGED 75,
S/O. LATE VARGHESE, RESIDING AT KONDDATTIL (H), MANGAMANA KARA,2 B OXFORD, VIJAYAPURAM VILLAGE ,KOTTAYAM TALUK
BY ADV. SRI.P.ABRAHAM CHERIAN
SRI.K.U.PAULOSE
RESPONDENT(S): RESPONDENTS/DEFENDANTS:
Issues for consideration
2 issues framed by the court
Whether a full court fee refund is assignable to an appellant when the appeal is dismissed as not pressed without investigation.
Whether the principle in Philomina Joseph regarding refund of court fee on dismissal of suits as not pressed applies to appeals.
Parties & counsel
- appellant
MAMMEN VARGHESE
- respondent
V.M. KUMAR
- respondent
M.S. KUMARI
- respondent
GIRISH KUMAR
Coram
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court