AIR 2012 KERALA 189 ::2012 (2) Ker LT 703 ::2012 (2) Ker LJ 763

Kerala High Court

Hon'ble Judge(s): K. T. Sankaran , J

Civil P.C. (5 of 1908) , S.122— Civil Rules of Practice R.236 - Engrossment of final decree on stamp paper - Refusal - Validity - Plaintiff sharer entitled to ?th share - All sharers not prepared to deposit in Court amount required for non-judicial stamp paper for engrossing decree in proportion to value of their shares - Plaintiff sharer offered to deposit proportionate amount in respect of value of her share - But not prepared to deposit entire amount required for non-judicial stamp paper for engrossing final decree - Refusal to engross final decree on stamp paper, held proper. A final decree cannot be engrossed on stamp paper of the value proportionate to the value of the share of one or more sharers. The entire amount required for stamp paper to engross the final decree should be deposited. Even if some of the sharers fail to deposit share of the amount required for non-judicial stamp paper, any other party is entitled to deposit the entire amount. The excess amount paid by a sharer can be realized from the sharer who failed to deposit his share of the amount. Where plaintiff sharer entitled to ?th share wanted to get final decree engrossed on stamp paper, but all sharers were not prepared to deposit in Court amount required for non-judicial stamp paper for engrossing decree in proportion to value of their shares, and plaintiff sharer who ....