High Court Kerala High Court

P.U.Varghese vs The State Of Kerala on 22 July, 2008

Kerala High Court
P.U.Varghese vs The State Of Kerala on 22 July, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 823 of 2005(W)


1. P.U.VARGHESE, PALAKUNNEL HOUSE,
                      ...  Petitioner

                        Vs



1. THE STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

2. DEPUTY TAHSILDAR, REVENUE RECOVERY,

3. C.KHALID, AGENT TO THE OFFICIAL

                For Petitioner  :SRI.KOSHY GEORGE

                For Respondent  : No Appearance

The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR

 Dated :22/07/2008

 O R D E R
                      C.N.RAMACHANDRAN NAIR, J.
                 ....................................................................
                             W.P.(C) No.823 of 2005
                 ....................................................................
                    Dated this the 22nd day of July, 2008.

                                        JUDGMENT

The petitioner is challenging recovery proceedings for recovery of

court fee payable by the petitioner who filed the suit as indigent person.

The suit is decreed and according to the decree, petitioner is entitled to

recover cost including court fee. However, Order XXXIII Rule 10 C.P.C.

makes it mandatory for the court to pass order as to who should pay the

court fee in a suit filed by a person as an indigent person. In this case the

court has passed decree entitling the petitioner to recover the court fee along

with other costs. Consequently it implies that petitioner is liable to pay

court fee after recovering it from the defendant. However, at the time of

filing W.P. in 2005, petitioner has stated that E.P. was being filed. The

W.P. is therefore disposed of directing the execution court to recover court

fee in execution proceedings and authorise remittance to the second

respondent and release the balance to the petitioner i.e. the decree holder.

However, if amount could not be recovered, then the court will have to

decide whether petitioner is incidentally liable to pay court fee under Order

XXXIII Rule 10. The execution court is directed to pass final orders within

2

a period of six months from now. Recovery proceedings will be stayed for

six months and thereafter recovery will be based on civil court orders in the

execution proceedings as stated above.

C.N.RAMACHANDRAN NAIR
Judge
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