IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 12TH OCTOBER 2010 / 20TH ASWINA 1932 WP(C).No. 33247 of 2008(G) -------------------------- OS.531/2003 of MUNSIFF COURT, PARAVUR .................... PETITIONER: --------------- FRANCIS, AGED 46, S/O KUNNATTU DEVASSY CHIRAKAKOMKARA, VARAPUZHA VILLAGE, PARAVUR TALUK. BY ADV. MR.G.SREEKUMAR (CHELUR) RESPONDENTS: --------------- 1. THOMAS,S/O.KUNNATTU DEVASSY, CHIRAKAKOMKARA, VARAPUZHA VILLAGE,PARAVUR TALUK. 2. VARGHESE, S/O. KUNNATTU DEVASSY, CHIRAKAKOMKARA, VARAPUZHA VILLAGE,PARAVUR TALUK. 3. JOHNSON, S/O. KUNNATTU DEVASSY, CHIRAKAKOMKARA, VARAPUZHA VILLAGE,PARAVUR TALUK. 4. MARIYAKUTTY, W/O.JOSY,CHIRAMEL VEEDU KALAVATHU ROAD, MAMANGALAM,EDAPPILLY P.O. 5. FLOWERY, W/O. XAVIER,KATTASSERY ENTRY COLONY, MAMANGALAM,EDAPPILLY P.O. 6. MAATY, W/O.ANTONY, KURIAPPILLY HOUSE VALAPPU, MALIPURAM,ERNAKULAM DISTRICT. 7. ROSSY, W/O. LATE JOSEPH,KUNNANATTU HOUSE CHIRAKAKOMKARA, VARAPUZHA VILLAGE, PARAVUR TALUK. 8. WICKSY, CHIRAKAKOMKARA, VARAPUZHA VILLAGE, PARAVUR TALUK. 9. VINOD, S/O.JOSEPH CHIRAKAKOMKARA, VARAPUZHA VILLAGE, PARAVUR TALUK. 10. MINI,D/O.JOSEPH CHIRAKAKOMKARA, VARAPUZHA VILLAGE, PARAVUR TALUK. ADV. MR.K.R.VINOD FOR R6 MR.K.R.VINOD FOR R3 MR.GINESH.P. FOR R-2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 33247 of 2008(G) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: ORDER PASSED IN ISSUE NO.3 IN O.S.NO.531/2003 DTD. 19.12.2006 BY THE MUNSIFF COURT, NORTH PARAVUR. EXT.P2: JUDGMENT IN W.P.(C).NO.22529/2007 DTD. 23.7.2007 OF THIS HON'BLE COURT. EXT.P3: ORDER PASSED IN I.A.NO.1764/2007IN O.S.NO.531/2003 DTD.17.1.2008 ON THE FILE OF THE MUNSIFF COURT, NORTH PARAVUR. EXT.P4: ORDER PASSED IN I.A.NO.1765/2007 IN O.S.NO531/2003 DTD.17.1.2008 ON THE FILE OF THE MUNSIFF COURT, NORTH PARAVUR. EXT.P5: PETITION I.A.NO.1764/2007 IN O.S.NO.531/2003 DTD. 5.9.2007 ON THE FILE OF THE MUNSIFF COURT, NORTH PARAVUR. EXT.P6: PETITION I.A.NO.1765/2007 IN O.S.NO.531/2003 DATED 5.9.2007 ON THE FILE OF THE MUNSIFF COURT, NORTH PARAVUR. RESPONDENTS' EXHIBITS: NIL ..... // TRUE COPY // P.A TO JUDGE. HARUN-UL-RASHID, J. ------------------------ W.P.(C).No.33247 Of 2008 ---------------------- Dated this the 12th day of October, 2010. J U D G M E N T The plaintiff in O.S.No.531 of 2003 on the file of the Munsiff Court, North Paravur is the petitioner. Suit was filed for setting aside certain documents. Learned Munsiff framed issues. Issue No.3 is whether the suit is properly valued and whether the court fee paid is correct. Learned Munsiff by order dated 19.12.2006 held that the suit had not been properly valued and the court granted time to amend the valuation. The court rejected the plaint by order dated 16.1.2007 finding that the plaintiff had not cared to file any application to amend the valuation. 2. Ext.P1 is the order passed by the learned Munsiff holding that the plaintiff had not properly valued the suit and court fee paid is insufficient. By Ext.P1 order the court directed the plaintiff to value the court fee properly by amending the valuation. The plaintiff challenged Ext.P1 order before this Court by filing W.P.(C).No.22529 of 2007. This Court by judgment dated 23.7.2007 dismissed the writ petition finding that the petition lacks merit, at the same time directed the court below to W.P.(C).No.33247 Of 2008 ::2:: grant six weeks' time to make the deficit payment of court fee and if necessary amend the plaint accordingly. Plaintiff is granted six weeks' time to pay the deficit court fee. But, in the mean time on 16.1.2007 the plaint was rejected. in the said circumstances, the plaintiff filed the I.As, namely, 1764 & 1765 of 2007 for reviewing the order rejecting the plaint and for condonation of delay in filing the review petition respectively. Exts.P3 & P4 are the orders passed by the court below in the said I.As. Exts.P3 & P4 orders are under challenge. Ext.P2 judgment is dated 23.7.2007. The application for review namely, I.A.No.1764 of 2007 was filed on 15.9.2007 after the petitioner obtained the certified copy of the judgment. Plaint was rejected by order dated 16.1.2007. The plaintiff had no occasion to inform the decision of this Court dated 23.3.2007 because the judgment was rendered long after the rejection of the plaint. Therefore, there is every justification for the plaintiff to file the application to review the order rejecting the plaint and to condone the delay in filing the review petition. These applications are necessitated for the reason that this Court granted six weeks' time from the date of Ext.P2 judgment. W.P.(C).No.33247 Of 2008 ::3:: Therefore the reasons stated by the court in dismissing the review petition and the petition to condone the delay in filing the review petition are not justified under any circumstance. This Court after dismissing the writ petition granted six weeks' time for remitting the deficit court fee. That was not taken note of by the court below and therefore the court happened to dismiss the I.A.Nos.1764 & 1765 of 2007. In the circumstances, Exts.P3 & P4 orders are set aside. The order dated 16.1.2007 rejecting the plaint is reviewed. The plaintiff is granted three weeks' time to pay the deficit court fee and can apply for amendment of the plaint accordingly. The writ petition is allowed. HARUN-UL-RASHID, Judge. bkn/-