An appellate court has the discretion to reject, rather than dismiss, an appeal for non-payment of court fees: Kerala High Court
Case: Baby v. Chandramathy
Coram: Justice Badharudeen
Case No.: RSA No. 632 of 2023
Court Observation: “The proper procedure to strike down an appeal due to failure on the part of the appellant to pay balance court fee is rejection of the appeal and the said rejection of appeal is decree, as defined under Section 2(2) of CPC.”
“the appellate court has the power to reject an appeal for non-payment of balance court fee, as provided under Order VII Rule 11 (c) read with Section 107(2) of CPC and the proper procedure to strike down an appeal due to failure on the part of the appellant to pay balance court fee is rejection of the appeal and the said rejection of appeal is decree, as defined under Section 2(2) of CPC. Thus, it is found that the appellate court erred in not following the procedure laid down in Order VII Rule 11(c) read with Section 107(2) of CPC, while disposing the first appeal. Therefore, the order passed by the appellate court, dismissing the appeal for non-payment of court fee, is not justifiable.”
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