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1957 Supreme(Ker) 283

KOSHI, M.S.MENON, VAIDIALINGAM
Kathyee Cotton Mills Ltd. , Alwaye – Appellant
Versus
R. Padmanabha Pillai – Respondent


Judgment :-

1. This is a revision by the 1st defendant in O.S. 147 of 1956, Sub Court, Parur (formerly O.S. 124/55 District Court, Parur) against the order dated 18-12-1956 giving time to the plaintiffs to pay the additional court fees.

2. It is unnecessary to state in detail about the nature of the suit or the reliefs asked for or how these reliefs are to be valued; because there was an order on 23-1-1956 by the learned District Judge, Parur before whom the suit was then pending, directing the plaintiffs to correct the valuation and to pay the requisite court fee as indicated in the said order within two weeks.

3. The plaintiffs filed a revision, C R.P. 80/56 to the Travancore-Cochin High Court against this order of the District Court. In revision, Mr. Justice N. Varadaraja Iyengar confirmed the order of the trial court and dismissed the C. R. P. with costs. The plaintiffs appear to have filed an application for amendment of the plaint, but the High Court gave the plaintiffs liberty to move the trial court for appropriate reliefs. Though the time granted by the lower court for payment of additional court fees had already expired on the date of the High Court's order, the learned jud







































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