Vaidyanathan Iyer vs S.Bhagyalazmi on 31 July, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

FAO.No. 169 of 2009()


1. VAIDYANATHAN IYER,
                      ...  Petitioner

                        Vs



1. S.BHAGYALAZMI, CHOKKAM MADATHIL (SAI),
                       ...       Respondent

2. B.RADHAKRISHNAN, CHOKKAM MADATHIL (SAI),

                For Petitioner  :SRI.ABRAHAM SAMSON

                For Respondent  : No Appearance

The Hon'ble MR. Justice P.R.RAMAN
The Hon'ble MR. Justice P.BHAVADASAN

 Dated :31/07/2009

 O R D E R
               P.R.RAMAN & P.BHAVADASAN, JJ.

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                       F.A.O. No.169 of 2009

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

                  Dated this the 31st July, 2009

                         J U D G M E N T

Raman, J.

This appeal is filed against the order dismissing an

application filed under Order IX Rule 9 of the Code of Civil

Procedure. The plaint was rejected under Order VII Rule 11 of

the Code of Civil Procedure for non-payment of balance court fee,

and not for any default of appearance. Hence, it was rightly

rejected by the court below holding that Order IX Rule 9 of Code

of Civil Procedure will not apply. We find no ground to interfere

in this appeal. Accordingly, this appeal is dismissed.

P.R.RAMAN, JUDGE

P.BHAVADASAN , JUDGE.

nj.