IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS WEDNESDAY, THE 20TH JANUARY 2010 / 30TH POUSHA 1931 R.F.A.No. 2 of 2010 ----------------------- O.S.30/2006 of SUB COURT, MAVELIKKARA .................... APPELLANT/PLAINTIFF: ------------------------- R.MOAHANAN NAIR,AGED 49 YEARS, S/O.RAGHAVAN NAIR,'DEVIKA',MANNARSALA,HARIPPAD, ALAPPUZHA DISTRICT. BY ADV. SRI.B.RENJITHKUMAR RESPONDENTS / RESPONDENTS ------------------------------------ 1. R.RAMACHANDRAN NAIR,AGED ABOUT 58 YEARS, (RTD.U.P.SCHOOL HEAD MASTER),ANAND VEEDU,MANNARSALA HARIPPAD,ALAPPUZHA DISTRICT. 2. MRS.VIJAYAMMA,AGED 48 YEARS, W/O.RAMACHANDRAN NAIR,ANAND VEEDU,MANNARSALA, HARIPPAD,ALAPPUZHA DISTRICT. THIS REGULAR FIRST APPEAL HAVING COME UP FOR ADMISSION ON 20/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A. K. Basheer & M.L.Joseph Francis, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - R.F.A. No. 2 of 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of January, 2010. Judgment Basheer, J: Appellant-plaintiff instituted a suit for recovery of a sum of Rs.2,25,947/- along with interest, which was allegedly due from the defendants. It appears that when the suit was posted for remittance of the balance court fee (9/10), it was noticed by the court below that the appellant had failed to do so. Therefore the court below rejected the plaint under Order VII Rule 11 of the Code of Civil Procedure. The said order is impugned in this appeal. 2. Learned counsel submits that there was no wilful laches or negligence on the part of the appellant. He could not remit the court fee because of unavoidable circumstances and due to financial stringency. Now the appellant is prepared to remit the court fee, if he is permitted to do so. 3. In the nature of the relief sought for by the appellant, we are of the view that notice need not be issued to the respondents- defendants, since no grave prejudice is likely to be caused to them. Therefore the impugned order is set aside. Appellant shall remit the court fee on or before February 5, 2010, in which event the court below shall receive the same and restore the suit to file and RFA.2/2010. 2 dispose it of on its merit and in accordance with law. If the appellant fails to remit the balance court fee as directed above , this appeal will stand dismissed. Appeal is disposed of in the above terms. A.K. Basheer Judge M.L. Joseph Francis Judge. an.