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