S.Sureshkumar vs K.Thankachan on 31 July, 2008

Kerala High Court
S.Sureshkumar vs K.Thankachan on 31 July, 2008
       

  

  

 
 
  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.

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