IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 31ST JULY 2008 / 9TH SRAVANA 1930 WP(C).No. 22508 of 2008(D) ------------------------------------- AGAINST THE ORDER DATED / / IN IA 3612/2006 IN OS.150/2002 of PRINCIPAL SUB COURT, PALAKKAD .................... PETITIONER : ------------------ BADRI, W/O. SUNDARA GOPAL, 24/459, NOORNI, PIRAYIRI AMSOM AND DESOM, PALAKKAD TALUK AND DISTRICT REPRESENTED BY HER POWER OF ATTORNEY HOLDER D.VENKITESAN, S/O. DHARMAPALAN 24/459, NOORNI,PALAKKAD TALUK AND DISTRICT BY ADV. SRI.O.RAMACHANDRAN NAMBIAR SRI.GEEN T.MATHEW RESPONDENT : ------------------- THE COURT OF THE SUBORDINATE JUDGE PALAKKAD DISTRICT BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. ........................................... WP(C).No. 22508 OF 2008 ............................................ DATED THIS THE 31st DAY OF JULY, 2008 JUDGMENT This petition is filed under Article 227 of Constitution of India for a direction to Sub Court, Palakkad for refund of excess court fee of Rs. 77,791/- paid by the plaintiff in favour of counsel appearing for plaintiff before the trial court. 2. Learned counsel appearing for petitioner was heard. Learned counsel submitted that Ext.P2 petition was filed for refund of the court fee allowed by court as the excess court fee paid by plaintiff in O.S.50 of 2002, as per order dated 8.11.2006 in I.A.3612 of 2006 and Ext.P2 petition was returned with the endorsement that court fee could be refunded only to the plaintiff and not to the power of attorney holder of the plaintiff. Learned counsel argued that plaintiff was represented by the power of attorney holder and therefore plaintiff is entitled to get the court fee refunded in the name of plaintiff represented by the power of attorney holder. 3. Rule 373 of Civil Rules of Practice provides the procedure for refund. Under sub-rule 1, when court fees are ordered to be refunded, a certificate shall be issued in Form WP(C) 22508/2008 2 No.70. Form No.70 provides the details of the payment. In Form No.70, court fee can be refunded only in the name of plaintiff. But when plaintiff is represented by a power of attorney holder, court fee is to be refunded in the name of plaintiff, represented by power of attorney holder. Sub Judge is directed to issue refund of excess court fee paid, if it was allowed as per order in I.A.3612 of 2006 dated 8.11.2006, in form No.70 as provided under Rule 373 of Civil Rules of Practice. M.SASIDHARAN NAMBIAR, JUDGE lgk/-