P.B. Suresh Kumar, J.

This appeal instituted by the 3rd defendant in O.S. No.339 of 2004 of the Sub Court, Irinjalakkuda was disposed of along with RFA No.545 of 2007 filed by the second defendant in the said suit, as per judgment dated 13th August, 2012. The judgment indicates that the appeals were disposed of as closed, without any adjudication, in view of the settlement arrived at between the parties.

2. Earlier, this court permitted the appellant to institute the appeal as an indigent person as per order in CMCP No.65 of 2007 and consequently, the appellant did not pay the court fee payable on the appeal amounting to Rs. 38,400/-. Now the Registry has placed this matter before us to consider whether any direction needs to be issued to recover the court fee from the appellant.

3. Rules 10, 11 and 11A of Order 33 of the Code of Civil Procedure (for short, 'the Code') which are relevant in the context of the clarification sought by the Registry read thus:-

R. 10. Costs where indigent person succeeds - Where the plaintiff succeeds in the suit, the Court shall calculate the amount of Court-fees which would have been paid by the plaintiff if he had not been permitted to sue as an indigent person; such amount shall be recoverable by the State Government from any party ordered by the decree to pay the same, and shall be a first charge on the subject-matter of the suit.

R. 11. Procedure where indigent person fails : Where the plaintiff fails in the suit or the permission granted to him to sue as an indigent person has been withdrawn, or where the suit is withdrawn or dismissed,-

(a) because the summons for the defendant to appear and answer has not been served upon him in consequence of the failure of the plaintiff to pay the Court-fee or postal charges (if any) chargeable for such service or to present copies of the plaint or concise statement, or

(b) because the plaintiff does not appear when the suit is called on for hearing, the Court shall order the plaintiff, or any person added as a co-plaintiff to the suit, to pay the Court-fees which would have been paid by the plaintiff if he had not been permitted to sue as an indigent person.

R. 11A. Procedure where an indigent person's suit abates- Where the suit abates by reason of the death of the plaintiff or of any person added as a co-plaintiff, the Court shall order that the amount of Court-fees which would have been paid by the plaintiff if he had not been permitted to sue as an indigent person shall be recoverable by the State Government from the estate of the deceased plaintiff.

Rule 10 deals with the situation where the indigent person succeeds in the suit. Rule 11 deals with the situation where the indigent person fails. Rule 11A deals with the situation where the suit abates. Rule 10 is clear in its terms that where the plaintiff succeeds in the suit, the court shall calculate the amount of court fees which would have been paid by the plaintiff if he had not been permitted to sue as an indigent person and recover the same from the party ordered by the decree to pay the court fee. Rule 11 provides that where the plaintiff fails in the suit or the permission granted to him to sue as an indigent person has been withdrawn, or where the suit is withdrawn or dismissed on account of the two contingencies mentioned in clauses (a) and (b) of that Rule, the court may order the plaintiff, to pay the court fees which would have been paid by the plaintiff if he had not been permitted to sue as an indigent person. Rule 11A is also clear in its terms that where the suit abates by reason of the death of the plaintiff or any person added as a co-plaintiff, the Court shall order that the amount of court fees which would have been paid by the plaintiff if he had not been permitted to sue as an indigent person shall be recoverable by the State Government from the estate of the deceased plaintiff. It is thus evident that in a case where the plaintiff who is permitted to institute the suit as an i