1. This Civil Revision Petition has come on a reference by one of us (Sankarasubban,J.). Reference was made when the decision of Balanarayana Marar, J. in State Bank of India v. Iqbal Zacharia,1994 (1) KLT 141 was doubted. The plaintiff filed the suit for recovery of Rs. 38,137.50.1/10th of the court fee was paid as per S.4A of the Kerala Court Fees and Suits Valuation Act (hereinafter referred to as 'the Act').

2. A written statement was filed admitting the claim. The court then passed an order directing the plaintiff to pay the balance court fee. It is challenging the direction to pay the balance court fee that this Civil Revision Petition is filed.

3. S.4A of the Act states as follows:

"4A. Levy of fee at the time of institution of suit:- Notwithstanding anything contained in any other provisions of this Court, the amount of fee to be paid on plaint at the time of institution of suit shall be one tenth of the amount of fee chargeable under this Act and the balance amount shall be paid within such period, not later than fifteen days from the date of framing of issues or where framing of issues is not necessary, within such period not exceeding fifteen days as may be spec