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2018 Supreme(Ker) 186

P.N.RAVINDRAN, R.NARAYANA PISHARADI
P. K. Kuriakose – Appellant
Versus
Asgar Shakoor Patel, Natasha – Respondent


Advocates Appeared:
For the Appellant : Sri. G. Sreekumar (Chelur), Sri. Nandagopal S. Kurup
For the Respondents: Sri. Babu Paul

JUDGMENT :

R. Narayana Pisharadi, J.

This appeal is filed by the plaintiff in the suit O.S. No. 6 of 2014 on the file of the Court of the Additional Subordinate Judge, Kottayam. The respondents in the appeal are the defendants in the suit.

2. The suit was instituted for granting a decree for realization of an amount of Rs.10,83,98,600/- from the defendants with interest at the rate of 12% per annum on the principal amount of Rs.7,97,81,997/- from the date of the suit till the date of realisation. The total amount of court fee payable by the appellant on the plaint was Rs.18,02,386/-. The appellant/plaintiff paid one-tenth of this amount at the time of institution of the suit as per Section 4A of the Kerala Court Fees and Suits Valuation Act, 1959. He was bound to pay the balance court fee of Rs.16,22,146/- within fifteen days from the date of framing of the issues in the suit.

3. The defendants entered appearance in the suit and filed a written statement. The issues in the suit were framed on 28.10.2015. On that date, the court below directed the plaintiff to pay the balance amount of court fee within fifteen days and posted the suit to 20.11.2015. On 20.11.2015, the plaintiff filed th































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