The court emphasized that adherence to proper judicial processes is vital, yet in specific circumstances, validation of irregularities is essential to maintain access to justice and efficiency in court operations.

J U D G M E N T

The main prayer in this petition filed under the enabling provisions contained in Art.227 of the Constitution of India is as follows:

“call for all the records pursuant to Ext.P-5 order in I.A.No. 1703/2017 in the O.S.No. 257/2016 and set aside the same.”

2. Heard Sri.T.Shihabudheen, learned counsel appearing for the petitioner/defendant. In the nature of the order that is proposed to be passed in this petition, notice to the respondent will stand dispensed with.

3. The petitioner herein is the defendant in O.S.No. 257/2016 on the file of the Munsiff's Court, Vaikom, which has been filed by the respondent herein/ plaintiff. The suit is for recovery of money. It is not in dispute that the respondent/plaintiff had failed to remit the balance fee within the 15 days from the date of framing of the issues, which is not in consonance Sec. 4A of the Kerala Court Fees & Suit Valuation Act, 1959. It is the case of the petitioner that as per the provisions contained in Sec. 4A of the Kerala Court Fees & Suit Valuation Act, 1959, the balance fee should have been paid not later than 15 days from the date of framing of the issues and in the instant case, the balance court fee ought to have been paid by the plaintiff on or before 12.10.2017. That on 27.10.2017, when the case had come up for consideration, the respondent/plaintiff had neither paid court fee within the prescribed time limit nor had filed any formal application for extension of time, and when an oral submission was made for extension, the court had permitted him to file an application in that regard for extension of the time limit. It has been so filed as per Ext.P-3 dated 27.10.2017. The petitioner had filed Ext.P-4 objection to Ext.P-3 application. Later when Ext.P-3 application had come up for consideration the court below had noted that the petitioner has already remitted the court fee while the petition is pending and had accordingly closed the petition. Ext.P-5 order dated 7.11.2017 rendered by the trial court on I.A.No.

1703/2017 in the O.S. reads as follows:

“O R D E R The petitioner has already remitted the Court fee while the petition is pending. Hence, no need to proceed with the petition. I.A. Closed.”

It is this order at Ext.P-5 is under challenge. The petitioner's counsel vehemently urge that the application for extension of time limit for payment of balance court fee was filed only as per Ext.P-3 only on 27.10.2017, which is after the expiry of the 15 days' time limit (12.10.2017). Further the petitioner vehemently contended that the action of the office of the court in accepting the court fee without any judicial order is also illegal and ultra vires.

4. Sec. 4A and its proviso contained in the Kerala Court Fee &

Suit Valuation Act, 1979, read as follows:

"Sec.4A: Levy of fee at the time of institution of suit-

Notwithstanding anything contained in any other provisions of this Act, the amount of fee to be paid on plaint at the time of institution of suit shall be one- tenth of the amount of fee chargeable under this Act and the balance amount shall be paid within such period, not later than fifteen days from the date of framing of issues or where framing of issues is not necessary, within such period not exceeding fifteen days as may be specified by the Court:

Provided that the Court may, for sufficient reasons to be recorded in writing, extend the period up to thirty days:

Provided further that if the parties settle the dispute within the period, specified or extended by the Court for the payment of the balance amount, the plaintiff shall not be called upon to pay such balance.”

5. On a consideration of the matter, it is seen that the balance court fee ought to have been filed on or before 12.10.2017. In the instant case, even according to the petitioner, the balance court fee ought to have been paid on or before 12.10.2017. Ext.P-3 application has been filed on 27.10.2017. As per the proviso to Sec. 4A, time limit can be extended by a further period of 30 d