IN THE HIGH COURT OF KERALA AT ERNAKULAM
RFA.No. 337 of 2006()
1. MUHAMMAD ASHAR, AGED 29,
... Petitioner
Vs
1. C.H.ABDUL KAREEM,
... Respondent
For Petitioner :SRI.G.SREEKUMAR (CHELUR)
For Respondent : No Appearance
The Hon'ble MR. Justice P.R.RAMAN
The Hon'ble MR. Justice P.BHAVADASAN
Dated :20/08/2009
O R D E R
P.R. RAMAN & P. BHAVADASAN, JJ.
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R.F.A. NO. 337 OF 2006
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DATED THIS, THE 20TH DAY OF AUGUST, 2009.
J U D G M E N T
Raman, J.
This is an appeal against rejection of the plaint for non
payment of court fee. Though a review petition was filed, the same
was rejected, though unopposed by the respondent, on the ground
that an appeal was already preferred to the District Court and hence
the learned Sub Judge was not inclined to exercise the power of
review.
2. We have perused the certified copy of the order in I.A.
1142/2006 in O.S. 865/2003, dated 22.6.2006, which is an
application filed seeking to review the rejection of the plaint, in
which the Principal Sub Judge, Thrissur, observed that there is no
sufficient reason to review the order since there is no error apparent
on the face of the record. It is also said that since an appeal has
been preferred, a petition for review will not sustain. However,
wince the said application was not opposed by the other side, an
opportunity ought to have been given to conduct the suit on merits.
R.F.A. 337/2006 2
In the circumstances, time for payment of the balance court fee is enhanced
by two weeks from today and if the same is remitted, the suit will stand
restored to file and the order rejecting the plaint will stand set aside.
The appeal is disposed of as above.
P.R. RAMAN, JUDGE
P. BHAVADASAN, JUDGE.
KNC/-