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2004 Supreme(Ker) 438

S.SANKARASUBBAN, A.K.BASHEER
M. Narayana Shetty – Appellant
Versus
Krishnamma – Respondent


Judgment :-

Sankarasubban, J.

This matter has come before us on a reference by Justice R. Bhaskaran. The Second Appeal is filed against the judgment and decree in A.S.No.114 of 1996. That appeal was filed against O.S.No.152 of 1998 of the Munsiff’s Court, Kasaragod. During the course of appeal, the first respondent in the Second Appeal, Krishnamma died on 19.10.2000. Petitioner appellant filed C.M.Ps. for impleading the legal representatives, to set aside abatement and to excuse the delay in filing the application. In all these applications, the petitioner had paid Rs.2/- as court fee. So far as the payment of court fee on these applications are concerned, it is contained in Schedule II, Article II (t). That Article says that application or petition presented to the High Court and not otherwise specifically provided for Rs.2/-. There was an amendment of the Court Fees Act by Ordinance 8 of 2002. This is repealed by the Kerala Court fees and Suits Valuation (Amendment) Act, 2003 came into force on 26th October, 2002. By that Amendment Act, various amendments were made.

2. As already stated, the appellant paid the court fee as it stood before the Amendment Act, 2003. The Office submitt




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