IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 13TH JUNE 2007 / 23RD JYAISHTA 1929 CRP.No. 469 of 2006() --------------------- OS.38/2003 of WAKF TRIBUNAL, KOZHIKODE .................... REVN. PETITIONER: PETITIONERS/PLAINTIFFS ---------------------------------------- 1. AQSA REST HOUSE,A REGISTERED PARTNERSHIP FIRM REPRESENTED BY ITS WORKING PARTNER K.YOUSUF, S/O.LATE MOOSA HAJI, AGED 58 YEARS, RESIDING AT PARAMBATH HOUSE, CHOKLI, KANNUR DISTRICT. 2. K.AHAMMAD,PARTNER OF THE 1ST PLAINTIFF FIRM, S/O.LATE MOOSA HAJI, AGED 61 YEARS, -DO-, -DO-. 3. C.V.SALEENA,D/O.LATE ABUSALI, RESIDING AT "SILAH",CHOKLI IN KANNUR DISTRICT, PARTNER OF THE 1ST PLAINTIFF FIRM. BY ADV. SRI.C.KHALID SRI.T.P.SAJID RESPONDENTS: RESPONDENTS/DEFENDANTS ----------------------------------- 1. PALAYAM MOHIOYUDHEEN PALLI PARIPALANA COMMITTEE,A REGISTERED SOCIETY, REPRESENTED BY ITS SECRETARY, NAGARAM AMSOM AND DESOM, KOZHIKODE TALUK. 2. PRESIDENT, PALAYAM MOHIYUDHEEN PALLI PARIPALANA COMMITTEE,NAGARAM AMSOM AND DESOM, KOZHIKODE. 3. TREASURER,PALAYAM MOHIYUDHEEN PALLI PARIPALANA COMMITTEE, NAGARAM AMSOM AND DESOM, KOZHIKODE. BY ADV. SRI.A.A.ABUL HASSAN SMT.MINI.V.A. THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 13/06/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kurian Joseph & T.R. Ramachandran Nair, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - C.R.P..NO. 469 OF 2006 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of June, 2007 O R D E R Kurian Joseph, J. This revision petition is filed against the order in I.A. No.10/2006 in O.S. No.38/2003 on the file of the Wakf Tribunal, Kozhikode whereby the Tribunal dismissed the petition filed by the petitioners under Order IX Rule 9 C.P.C. to restore a case which was rejected for non-payment of balance court fee. We agree with the view taken by the Tribunal that a petition under Order IX Rule 9 C.P.C. is not the remedy since rejection of a plaint for non payment of court fee is a decree. The remedy open to the petitioner is only to file an appeal. 2. Be that as it may, we do not want to relegate the petitioner to pursue his remedy since we are of the view that in the interest of justice, the petitioner has to be given an opportunity to pursue the matter on merits, in view of the submission that balance court fee has already been paid. 3. Accordingly, we set aside the impugned order and restore O.S. 38/2003 on the file of the Wakf Tribunal, Kozhikode to file. The parties will appear before the Tribunal on 16.7.2007 and the Tribunal will dispose CRP 469/2006 -2- of the suit within another six months. The revision petition is disposed of in the above terms. (Kurian Joseph, Judge.) (T.R. Ramachandran Nair, Judge.) kav/