IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE V.K.MOHANAN FRIDAY, THE 25TH JANUARY, 2008 / 5TH MAGHA, 1929 RFA.No. 264 of 2003(C) -------------------------- (OS.52/2000 of ADDL.SUB COURT, KOCHI) .................... APPELLANTS/PLAINTIFFS: ---------------------------- 1. SRI.MELKIAS S/O. ANTONY PILLAI, AGED 55 YEARS, 10/4 A, SIMON COLONY, VANIAKUDY, COLACHEL, KALIKULAM TALUK, KANYAKUMARI DISTRICT. 2. MRS. SUSAMMA , W/O. MELKIAS, AGED 47 YEARS 10/4A, SIMON COLONY, VANIAKUDY, COLACHEL, KALIKULAM TALUK, KANYAKUMARI DISTRICT. 3. SRI.WILSON S/O. MELKIAS, AGED 28 YEARS, 10/4 A, SIMON COLONY, VANIAKUDY, COLACHEL, KALIKULAM TALUK, KANYAKUMARI DISTRICT. 4. SELVEN KELT, S/O. MELKIAS, AGED 24 YEARS, 10/4, SIMON COLONY, VANIAKUDY, COLACHEL, KALIKULAM TALUK, KANYAKUMARI DISTRICT. 5. MISS.CHITRA, D/O. MELKIAS, AGED 22 YEARS 10/4, SIMON COLONY, VANIAKUDY COLACHEL, KALIKULAM TALUK, KANYAKUMARI DISTRICT. 6. MR.SELVEN ANTONY, S/O. MELKIAS, AGED 20 YEARS, 10/4 A, SIMON COLONY, VANIAKUDY, COLACHEL, KALIKULAM TALUK, KANYAKUMARI DISTRICT. BY ADV. SRI.SHAIJAN C.GEORGE SMT.S.A.SHERLY R.F.A.NO.264 OF 2003 :-2-: RESPONDENTS/DEFENDANTS: --------------------------------- 1. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF DEFENCE, NEW DELHI. 2. COMMANDER-IN-CHIEF, SOUTHERN NAVAL COMMAND, NAVAL BASE, COCHIN. 3. LT.R.RAJSEKHAR, THROUGH COMMANDER-IN-CHIEF, SOUTHERN NAVAL COMMAND, NAVEL BASE, COCHIN. 4. LT.CDR.METIVALA H.D., S/O. D.J.MOTIVALA, 670, PARSY COLONY, DADAR, MUMBAI-400 014, THROUGH COMMANDER-IN-CHIEF, SOUTHERN NAVAL COMMAND, NAVAL BASE, COHIN. BY ADV. SRI.DINESH R.SHENOY, ADDL.CGSC THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 25/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMAN & V.K.MOHANAN, JJ. --------------------------------------------- R.F.A.No. 264 of 2003 - C --------------------------------------------- Dated this the 25th day of January, 2008 J U D G M E N T Raman,J: Appellants herein are the plaintiffs in O.S.No.52 of 2000 of the Additional Sub Court, Kochi. The plaint was rejected for non-payment of court fee. It is stated by the counsel that on the date on which the matter is posted, two days time was sought orally by the counsel, but was not allowed. No appreciable evidence was produced to show that any such oral request was made. However, it is beyond dispute that the matter was posted before the Adalath and when it is found that there is no scope for settlement after giving several opportunities to the parties to settle the matter, the matter was posted back to the court. Probably in such circumstances, being the first posting, the appellants might not have taken note of the fact that court fee has not been paid. 2. In the facts and circumstances, we allow this appeal and the suit shall be restored to file, on condition that the appellants shall pay the balance court fee within a R.F.A NO. 264 OF 2003 :-2-: period of two weeks failing which the appeal will stand dismissed. Parties shall appear before the Court on 11.2.2008. P.R.RAMAN, Judge V.K.MOHANAN, Judge Mbs/ R.F.A NO. 264 OF 2003 :-3-: P.R.RAMAN & V.K.MOHANAN, JJ. -------------------------------------------- R.F.A.NO.264 OF 2003 -------------------------------------------- J U D G M E N T DATED: 25.1.2008 R.F.A NO. 264 OF 2003 :-4-: