High CourtsSingle Bench(2021) 04 KL CK 0017

Mercy S.K vs Benny S.K

High Court Of Kerala · Decided on 7 April 2021

HON’BLE JUDGES
T.V. Anilkumar, J
RESULT
Disposed Of
CASE NUMBER
Original Petition (C) No. 852 Of 2021

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

9 paragraphs · 290 words
1.

Heard the learned counsel appearing for the petitioner, who is the sole plaintiff in O.S.No.9/2019 on the file of Sub Court, Sulthan Bathery.

2.

This original petition is filed by the petitioner seeking a direction to be issued to the court below to number Ext.P6 review petition and dispose it of in accordance with law and also to issue certified copy of the order dated 25.02.2021.

3.

In the nature of relief proposed to be granted in this proceedings, I do not consider it necessary to issue notice to the respondent. Notice is dispensed with.

4.

The court below rejected the plaint by order dated 25.02.2021 for non payment of balance court fee.

5.

The learned counsel for the petitioner submits that he filed Ext.P6 review petition dated 20.03.2021 seeking to review the order dated 25.02.2021.

6.

The grievance expressed by the petitioner's counsel is that the court below insists for deposit of half the amount of court fee before numbering the review petition. If the submission made is true, I have my own doubt as to the legal position which the court below canvasses.

7.

However, I am not expressing any view on the merits of the issue at hand. Suffices to say that the court below is bound to number Ext.P6 review petition and dispose it of in accordance with law after hearing parties.

In the result, this original petition is disposed of directing the court below to issue certified copy of the order dated 25.02.2021 to the petitioner provided application filed is in accordance with rules. The court below is further directed to number Ext.P6 review petition forthwith and dispose it of in accordance with law after hearing parties.

All pending interlocutory applications will stand closed.