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2013 DIGILAW 2215 (MAD)

Tamilarasan v. Pavayammal

2013-06-26

K.RAVICHANDRA BAABU

body2013
Judgment :- 1. This civil revision petition is filed as against thewritten endorsement made in unnumbered First Appeal before the Principal District Court, Namakkal filed against O.S.No.210 of 2000 on the file of the Subordinate Judge, Rasipuram. 2. Learned counsel appearing for the petitioner submits that the court below while returning the appeal papers is insisting upon the petitioner/appellant to comply with the clause 5 of the decree granted by the trial court wherein the defendants 1 and 2 were directed to pay the court fee of Rs.7,591.50 to the Government. But when the written endorsement made on 12.01.2009 is perused, it does not indicate so. On the other hand, it only says that the deficit court fee to be affixed in the certified copy of the lower court judgment. 3. I am unable to accept the contention of the learned counsel appearing for the petitioner that such endorsement made by the court below on 12.01.2009 would mean that the petitioner is directed to comply with clause 5 of the decree as stated supra. Therefore, it is for the petitioner to represent the papers by giving explanation in detail and it is for the court below to consider such explanation given when the papers were represented. Therefore, at this stage, this court cannot go into all this issue and pass any order. Accordingly, the civil revision petition is disposed of with a direction to the petitioner to represent the papers to the court below by duly complying with the requirement made by the office of the court below within a period of two weeks from the date of receipt of a copy of this order. No costs. The connected miscellaneous petition is closed.