The judgment clarified that the benefit of fee relief under specific provisions of the Kerala Court Fees and Suits Valuation Act, 1959 does not extend to a plaintiff in a suit decreed ex parte, as it cannot be equated with other types of judgments.

The question mooted in this revision relates to the court fee payable (or not payable) by a plaintiff whose suit was decreed ex parte. Suit was for money and the plaintiff at the time of institution thereof paid one tenth of the fee chargeable under the law relating to court fees. When the suit was decreed ex parte, plaintiff was called upon to pay the balance court fee within fifteen days. But the plaintiff raised a contention that he is not liable to pay the balance since it was possible to decree the suit without contest from the defendant. Learned munsiff rejected the contention and required the plaintiff to remit the balance court fee within the time specified in the order. This revision is in challenge of the said order.

2. Plaintiff availed himself of the benefit provided in S.4A of the Kerala Court Fees and Suits Valuation Act, 1959 (for short 'the act) and paid only one tenth of the fee chargeable. That Section has been inserted in the Act by the Amendment Act No.6 of 1991. This said Section reads thus:

"Levy of fee at the time of institution of suit-Notwithstanding anything contained in any other provisions of this Act, the amount of fee to be paid on plaints 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 specified by the court:

Provided that the court may, for sufficient reasons to be recorded in writing extend the period up to thirty days:

Provided further that if the parties settle the dispute within the period specified or extended by the court for the payment of the balance amount, they shall not be called upon to pay such balance."

The second proviso in the section relieves a plaintiff of the liability to pay the balance i court fee when the suit is settled whatever be the amount of court fees. According to the plaintiff, the said principle is applicable to a suit decreed ex parte also and the plaintiff in such suit must also be entitled to a similar relief. In support of the contention learned counsel referred to S.69 of the Act which provides for refund of one half of the court fee paid on the plaint when the suit is compromised or the suit is decided solely on the admission of parties without any investigation. Learned counsel alternatively contended that for the purpose of court fee, a disposal of suit ex parte must be treated on a par with disposal of a suit on admission of parties without investigation and hence the plaintiff cannot be called upon to pay the balance court fee.

3. Chapter II of the Act contains provisions creating liability on a litigant in a civil court to pay court fees. S.4 of the Act says that no document which is chargeable with fee under the Act shall be filed in any court or be acted upon by any court "unless in respect of such document there be paid a fee or an amount not less than that indicated as chargeable under this Act". Computation of fees is regulated by provisions included in Chapter IV of the Act. S.22 of the Act enjoins on a party in a suit for money to compute fee "on the amount claimed". The provisions indicates that every litigant in a suit for money is under the liability to pay court fee as computed on the amount claimed. Similar provisions are included in the Chapter for determining the court fees payable in respect of other types of suits. S.4 A of the Act is a general provision which applies to all litigants and only one tenth of the amount of court fee chargeable need be paid at the institution of the suit and the balance shall be paid within such period as may be specified by the court. First proviso of the S.4A enables the court to extent the time for paying the balance. Reference to the second proviso was made earlier. Ss.66 to 70 contains provisions for giving refund of court fees i