IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 9TH FEBRUARY 2009 / 20TH MAGHA 1930 RFA.No.477 of 2008 ----------------------- OS.93/2001 of SUB COURT,KOZHIKODE .................... APPELLANT/PLAINTIFF: -------------------------- P.SREEDARAN NAIR, AGED 69 YEARS, S/O. APPUNNI NAIR, ROOM NO.G47, MOFUSSAL BUS STAND BUILDING, INDIRA GANDHI ROAD, KOZHIKODE. BY MR.P.SANJAY, ADVOCATE. MR.M.MUHAMMED SHAFI, ADVOCATE. RESPONDENT/DEFENDANT: ------------------------------ CORPORATION OF CALICUT REP. BY ITS SECRETARY, KOZHIKODE. BY MR.K.D.BABU, SC, KOZHIKODE CORPORATION FOR R1. THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 09/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & S.S.SATHEESACHANDRAN, JJ. --------------------------------------- R.F.A. No.477 OF 2008 --------------------------------------- Dated this the 9th day of February, 2009. J U D G M E N T Kurian Joseph, J. This appeal is at the instance of the plaintiff in O.S.No.93/2001 on the file of the Sub Court, Kozhikode. The suit was rejected on the ground of non payment of balance court fee. 2. Having heard the counsel on both sides, we are of the view that the appellant should be given an opportunity to pursue the matter on merits particularly in view of the fact that balance court fee had already been remitted before the trial court during subsequent proceedings before the same court itself. Therefore, we allow this appeal. The judgment under appeal is set aside. The trial court will issue fresh notice to the parties. KURIAN JOSEPH JUDGE S.S.SATHEESACHANDRAN JUDGE smp KURIAN JOSEPH & S.S.SATHEESACHANDRAN, JJ. R.F.A. No. 477 OF 2008 J U D G M E N T 09.02.2009