The court highlighted the necessity of timely hearings on applications from parties unable to pay court fees, ensuring access to justice.

JUDGMENT

The petitioner herein is the plaintiff and the 5 respondents herein are the 5 defendants in O.S. No.725/2012 on the file of the Principal Sub Judge, Thiruvananthapuram. The suit has been instituted for setting aside the sale deed and settlement deed and for permanent prohibitory injunction and other reliefs.

2. The Suit is valued for an amount of Rs.21 lakhs and the court fee payable is Rs.1,86,400/-. At the time of filing the suit, the plaintiff has paid 1/10th of the court fee, i.e. Rs.18,640/-, it is averred. Thereafter, the court below has framed issues and the balance amount has to be paid within 15 days. As the petitioner is not in a financial capacity to pay the court fee amount, he was unable to pay the amount in time. The court below has rejected the claim because of non-remittance of balance court fee by virtue of Order VII Rule 11 (c) of the Code of Civil Procedure as per Ext.P3 impugned judgment dated 29.06.2017. It is further stated that the petitioner has filed Ext.P4 review petition as I.A. No.1985/2017 praying for reviewing Ext.P3 judgment and Ext.P5 I.A. No. 3572/2017 in the Original Suit under Order XXXIII Rule 1 of the C.P.C for permitting the petitioner to continue the suit as an indigent person. Exts.P4 and P5 applications are pending consideration before the court below.

3. Heard Sri.Sajin S. Hameed, learned counsel appearing for the petitioner.

4. In the nature of the order proposed to be passed in this petition, notice to the respondents will stand dispensed with.

5. Sri.Sajin S. Hameed, learned counsel appearing for the petitioner would submit that the limited prayer sought by the petitioner is for a direction from this Court so as to direct the court below to pass appropriate orders in accordance with law on Exts.P4 and P5, after granting reasonable opportunity of being heard to both the sides. Accordingly, it is ordered that in case orders have not so far been passed on Exts.P4 and P5 which are pending consideration, the court below shall take up Exts.P4 and P5 for consideration, if those applications are otherwise in order and pass appropriate orders thereon after granting reasonable opportunity of being heard to the petitioner and the respondents, within a period of 6 weeks from the date of production of a certified copy of this judgment.

6. The petitioner will produce a certified copy of this judgment before the court below for necessary information. The counsel appearing for the plaintiff will also serve a photocopy of this judgment to the counsel appearing for the defendants before the court below for necessary information.

With the above observations and directions, this Original Petition Stands finally disposed of.