IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 1ST FEBRUARY 2010 / 12TH MAGHA 1931 AS.No. 620 of 2001(D) -------------------------- OS.387/1996 of II ADDL. SUB COURT, ERNAKULAM .................... APPELLANT/PLAINTIFF: ------------------------- MINERVA CHITTIES AND MONEY LENDERS PVT. LTD. HAVING REGISTERED OFFICE AT IRINJALAKUDA TOWN, IRINJALAKUDA VILLAGE, MUKUNDAPURAM TALUK, TRICHUR DISTRICT REPRESENTED BY MANAGING DIRECTOR. (X) Name changed. THE NAME OF APPELLANT COMPANY CHANGED AS MINERVA KURIES (INDIA) PVT. LTD. AS PER ORDR DT. 29/7/02 IN CMP.3044/02. BY ADV. SRI.T.A.SHAJI RESPONDENT/DEFENDANT: ----------------------------- KOCHUBAVA, S/O.MAMMU, CHETTIPARAMBIL ARINGATTIL HOUSE, NOW RESIDING AT “JASS VILLA”, RAILWAY STATION ROAD, EDAPPILLY – 682 024, ERNAKULAM DISTRICT. ADV. SRI.P.N.RAMAKRISHNAN NAIR SRI.P.VISWANATHAN THIS APPEAL SUIT HAVING BEEN FINALLY HEARD ON 02/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: A. K. Basheer & P.Q. Barkath Ali, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - A.S. No. 620 of 2001 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of February, 2010. Judgment Basheer, J: This appeal is at the instance of the plaintiff in a suit for recovery of money. The trial court rejected the plaint since the appellant-plaintiff failed to remit the balance court fee. It is contended by the learned counsel that the lapse occurred because of the carelessness of the clerk attended to the office of the counsel who appeared for the plaintiff before the court below. It is also pointed out that the balance court fee has already been remitted before the court below thereafter. 2. Having heard learned counsel for the appellant and the respondent-defendant who was in fact set ex parte before the court below, we are satisfied that the appellant has to be afforded another opportunity to prosecute the case. Therefore the impugned order is set aside. The court below shall restore the suit to its file and dispose of the same in accordance with law after affording sufficient opportunity to both sides. AS.620/2001. 2 3. Appellant shall appear before the court below on February 25, 2010 and shall take out fresh notice to the respondent- defendant. The court below shall make an endeavour to dispose of the appeal expeditiously. Appeal Suit is disposed in the above terms. A.K. Basheer Judge P.Q. Barkath Ali Judge. an.