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2021 Supreme(Online)(Ker) 44707

IN THE HIGH COURT OF KERALA
ANIL K. NARENDRAN, K. Babu, JJ
Maya Rani – Appellant
Versus
Aboobacker Siddique – Respondent


Advocates:
For the Appellants/Petitioners: Jolly John
For the Respondents: T. Asafali, T.Y. Laliza

Table of Content
1. plaint’s rejection details and context. (Para 1 , 5 , 30)
2. arguments regarding court fee sufficiency. (Para 6 , 17)
3. legal principles on rejection of plaints. (Para 11 , 13 , 16)
4. court's decision for extension on court fee. (Para 20 , 28)
5. final decision to restore plaint. (Para 32)

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 cour

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