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Judgment
Harisankar V. Menon, J.
The appellant in RFA No.353 of 2022 has filed the captioned review petition under Order XLVII Rule 1 read with Section 114 of the Code of Civil Procedure, 1908 (for short, the ‘Code’) seeking review of the judgment dated 04.06.2024, by which, the appeal stood rejected for non-payment of the balance court fee.
The appeal was filed against the judgment and decree in O.S.No.30 of 2018 before the Sub Court, Pala. The court fee payable under Section 52 of the Kerala Court Fees and Suit Valuation Act, 1959 (for short, the ‘Court Fees Act’) of Rs.1,19,734/- was remitted while filing the appeal. Though the appeal was admitted, condoning the delay in filing the same and the time for satisfying the balance court fee extended by two weeks on 03.04.2024, it was noticed that the balance court fee was not remitted even after the extended period. It is in such circumstances, that by our judgment dated 04.06.2024, we rejected the appeal for non-payment of the balance court fee.
The captioned review petition is filed relying upon Annexure II order in RFA(Indigent) No.209 of 2023 dated 25.01.2024, in which one of us [Anil K. Narendran, J.] permitted the review petitioner herein to prosecute another RFA, as an indigent person.
The delay in filing the review petition was condoned by our order dated 24.01.2025.
We have heard the learned counsel for the review petitioner, who relied on Annexure-II order and contended that this Court has permitted the review petitioner to prosecute the afore RFA as an indigent person. He would also point out that he was not aware about the orders passed by this Court at Annexure-II and that is why the order at Annexure-II was not brought to the notice of this Court when the judgment sought to be reviewed was rendered on 04.06.2024.
We have considered the afore submissions and the connected records.
An application for review is filed under the provisions of order XLVII Rule 1 read with Section 114 of the Code. An application for review can be entertained only “on the discovery of new and important matter or evidence which, after the exercise of due diligence, was not within his knowledge or could not be produced at the time” when the judgment was rendered. In the case at hand, reliance is placed on Annexure-II order dated 25.01.2024. The judgment sought to be reviewed was rendered on 04.06.2024. It cannot be said that the review petitioner was not aware about the afore order when this Court passed the judgment dated 04.06.2024. Moreover, RFA No.353 of 2022 is not one filed by the review petitioner along with an application to prosecute the appeal as an indigent person. At the time of filing of the RFA, the review petitioner has remitted a sum of Rs.1,19,734/- towards the 1/3rd court fee.
In the result, we find no reason to entertain this review petition and the same would stand dismissed.