Kerala High Court
Deepchand K.P. Aged 38 Years vs U.K.Mohanraj
Author: Thomas P.Joseph
Bench: Thomas P.Joseph
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH
WEDNESDAY, THE 20TH DAY OF MARCH 2013/29TH PHALGUNA 1934
OP(C).NO. 1119 OF 2013 (O)
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O.S. NO.702 OF 2012, FIRST ADDITIONAL SUB COURT, KOZHIKODE
PETITIONER(S):
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DEEPCHAND K.P. AGED 38 YEARS
S/O. K.P. MOHANAN SOUPARNIKA, MUZHAMMAL PARAMBA
KOTTOOLI, CALICUT-16.
BY ADV. SRI.G.SREEKUMAR (CHELUR)
RESPONDENT(S):
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U.K.MOHANRAJ
S/O. LATE U.K. APPU, ULLATTIL KALLUTHI PARAMBIL
U K S ROAD, CALICUT-1.
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 20-03-2013,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C).NO. 1119 OF 2013 (O)
APPENDIX
PETITIONER(S)' EXHIBITS:
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EXHIBIT.P1 A TRUE COPY OF THE PLAINT IN OS NO. 702 OF 2012 ON THE FILE
OF THE 1ST ADDL. SUB COURT, KOZHIKODE DATED 29-9-12.
EXHIBIT.P2 A TRUE COPY OF THE IA NO. 1673 OF 2013 IN EXT.P1 SUIT DATED
13-3-2013 ON THE FILE OF THE 1ST ADDL. SUB COURT, KOZHIKODE.
RESPONDENT(S)' EXHIBITS: NIL
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TRUE COPY
P.S. TO JUDGE
THOMAS P.JOSEPH, J.
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O.P(C) No.1119 of 2013
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Dated this the 20th day of March, 2013
J U D G M E N T
Petitioner is the plaintiff in O.S. No.702 of 2012 of the First Additional Sub Court, Kozhikode. That is a suit for money filed against the respondent. Court fee payable was Rs.9,62,400/-. Petitioner paid 1/10th court fee. On 08.03.2013 respondent was set ex parte. Case was posted on 14.03.2013 for payment of balance court fee. Petitioner filed I.A. No.1673 of 2013 seeking one month's time for payment of balance court fee. Petitioner was granted only 7 days. Petitioner wants to challenge that order but a copy of the same is not issued. Hence this Original Petition.
2. Learned counsel submits that petitioner is prepared to pay balance court fee within three weeks from this day.
3. In the light of the above the Original Petition is disposed of as under:
(i) The First Additional Sub Court, Kozhikode is directed to issue carbon copy of order dated 14.03.2013 on I.A. No.1673 of 2013 (if applied for) on usual terms within seven days from the date of production of a copy of this judgment. O.P(C) No. 1119 of 2013 -: 2 :-
(ii) Order on the plaint consequent to the order on I.A. No.1673 of 2013 and non-payment of balance court fee within seven days will stand in abeyance for a period of seven days from this day.
(iii) It is made clear that if law permits it is open to the petitioner to request another three weeks' time for payment of balance court fee and if any such request is made, it is open to the learned Sub Judge to consider that application if it is permissible to do so in view of the order on I.A.No.1673 of 2013.
THOMAS P. JOSEPH, JUDGE.
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