1. This appeal instituted by the plaintiff was allowed in part on 11.11.2010. However, the fact that he was granted leave to institute this appeal as an indigent was not then noticed and hence, no direction was issued regarding recovery of court fee. Now, the office has pointed out the aforesaid aspect and has brought to our notice the decision of the Division Bench in R.V.Dev v. Chief Secretary, Govt. of Kerala (AIR 2004 Kerala 11) laying down, among other things, that a person who is permitted to sue as indigent person is liable to pay court-fees if the suit fails; and if suit succeeds in part, court-fees would have to be apportioned between plaintiff and defendant.

2. On a deeper examination, we see that the precedents on the basis of which R.V.Dev was decided were those rendered by this Court and different other High Courts before 1992, the latest among them being Andrew v. State of Kerala (1991) 2 KLT 724}.

3. Search by one among us, P.Bhavadasan J., has brought to the notice of this Bench that by notification No. D1 (A) -43450/86 dated 13th January, 1999 published in Kerala Gazette dated 27th April, 1999, Rule 11 of order 33 of the Code of Civil procedure, “CPC”, for