IN THE HIGH COURT OF KERALA AT ERNAKULAM
CRP.No. 590 of 2008()
1. S.SURESHKUMAR
... Petitioner
Vs
1. K.THANKACHAN
... Respondent
For Petitioner :SRI.G.S.REGHUNATH
For Respondent : No Appearance
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :31/07/2008
O R D E R
M.SASIDHARAN NAMBIAR, J.
-------------------------------
C.R.P.No.590 of 2008
-------------------------------
Dated this the 31st July, 2008.
O R D E R
Petitioner is the plaintiff and respondents the
defendants in O.S.No.68 of 2003, on the file of Additional Sub Court,
Thiruvananthapuram. The suit was rejected under Rule 10(c) of Order
VII of Code of Civil Procedure for non-payment of balance court fee.
Petitioner thereafter filed I.A.No.3806 of 2007 to review the order
rejecting the plaint. Learned Sub Judge dismissed the petition as per
the impugned order, dated, 18.6.2008, for the sole reason that an
appeal is provided under the Code.
2. The learned counsel appearing for the petitioner was
heard.
3. When a plaint is rejected under Rule 10(c) of Order
VII of Code of Civil Procedure for non-payment of balance court fee,
two remedies are available to the plaintiff. He can file a regular appeal
challenging the dismissal. He is also entitled to file a petition for
review by paying the balance court fee, and showing the reason, why
he could not pay the balance court fee within the time as provided
CRP.No.590 of 2008
2
under the Act. In such circumstances, dismissal of the petition for the
sole reason that only remedy available is filing of an appeal is not
sustainable. Therefore, the impugned order is quashed. Learned Sub
Judge is directed to re-consider I.A.No.3806 of 2007 on merit, and
pass appropriate orders, in accordance with law.
C.R.P. is disposed as above.
M.SASIDHARAN NAMBIAR,
JUDGE
nj.
