1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 1148 OF 2009 C.A.Vaidyanathan .. Appellant V/s. Zan Developers & Others. .. Respondents Mr.R.S.Deshpande for the Appellant. Mr.Shriram S.Kulkarni for Respondent No.3. CORAM : S.J.KATHAWALLA, J. DATE : 5 th NOVEMBER, 2009. P.C. :- Appeal is admitted. 2. The learned Advocate for Respondent No.3 waives service. 3. The Appeal is taken up for final hearing by consent of the parties. 4. By order dated 28 th April, 2006, passed by the 2 nd Joint Civil Judge, Senior Division, Pune, the plaint filed by the Appellant (original Plaintiff) was dismissed on the ground that the requisite court fees as 2 directed by the Trial Court were not paid within the stipulated time. The learned Advocate appearing for the Appellant states that the same could not be paid in view of some miscommunication between the Plaintiff and his Advocate. In view thereof, the order dated 28 th April, 2006, is set aside. The Appellant is allowed to pay requisite balance court fees within a period of two weeks from today. Upon the said payment, the suit shall be taken up by the Trial Court for final hearing, and shall be disposed of within a period of six months. All the contentions of the parties including limitation are kept open. 5. Office to ascertain whether the court fees paid by the Appellant in the present Appeal is adequate. The learned counsel appearing for the Appellant undertakes to pay the balance court fees, if it is ascertained that the requisite court fees is not paid by the Appellant for the purpose of this Appeal. 6. The First Appeal is accordingly, disposed of with no order as to costs. (S.J.KATHAWALLA, J.)