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2021 Supreme(Ker) 958

ANIL K.NARENDRAN, K.BABU
Maya Rani @ Maya, W/o. Late Balachandran Pillai – Appellant
Versus
Parambathupadi Aboobacker Siddique @ Aboobacker Siddique, S/o. K. P. Ahammed – Respondent


Advocates Appeared:
For the Appellant : Jolly John.
For the Respondent: T. Asafali, Laliza T.Y.

JUDGMENT :

Anil K. Narendran, J.

The appellants are the plaintiffs in O.S.No.18 of 2018 on the file of the Sub Court, Chengannur, a suit filed for cancellation of a power of attorney allegedly created by the respondent herein-defendant, appointing the 2nd plaintiff as the power of attorney holder of the 1st plaintiff for cancellation of release deed No.4369/2005 and sale deed No.4371/2015 of the Sub Registrar Office, Alappuzha; and for a permanent prohibitory injunction. The suit was instituted by paying one-tenth of the court fee, as provided under Section 4A of the Kerala Courts Fees and Suits Valuation Act, 1959. On receipt of notice in the suit the defendant entered appearance and filed written statement, along with counter claim. On 09.07.2019, the suit was posted for remitting the balance court fee. On that day, there was no representation for the plaintiffs and the balance court fee was also not paid. Therefore, the Sub Court rejected the plaint for non-payment of the balance court fee, by the judgment dated 09.07.2017. Seeking review of that judgment the plaintiffs filed I.A.No.286 of 2019, invoking the provisions under Order XLVII Rule 1 of the Code of Civil Procedure, 1908,

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