IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 15TH JULY 2010 / 24TH ASHADHA 1932 RFA.No. 329 of 2010(C) --------------------------------- [OS.NO.354/2008 OF PRINCIPAL SUB COURT,KOLLAM] .................... APPELLANT/PLAINTIFF: ----------------------------------- JAMES GEORGE, MODERN GROUP HOUSE, KARPPURAM CHERRY, VADAKKEVILA VILLAGE, KOLLAM. BY ADV. SRI.C.P.MOHAMMED NIAS. RESPONDENT/DEFENDANT: ----------------------------------------- USHA, W/O. VENUGOPALAN PILLAI, NIRUPAMA,UDAYAMARTHANDAPURAM CHERRY, MUNDAKKAL WEST, KOLLAM. BY ADVS. SRI.PRATHEESH.P, SRI.A.MUHAMMED RAFFI. THIS REGULAR FIRST APPEAL HAVING COME UP FOR ADMISSION ON 15/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. THOTTATHIL B. RADHAKRISHNAN & S.S.SATHEESACHANDRAN, JJ. -------------------------------------- R.F.A. No. 329 OF 2010 -------------------------------------- Dated this the 15th day of July, 2010 J U D G M E N T Thottathil B. Radhakrishnan, J. This appeal is against the rejection of plaint on ground that the balance court fee was not paid. We have heard the learned counsel for the parties. The suit was for specific performance of an agreement for sale. The appellant would contend that his counsel before the court below, did not inform the listing of the matter for payment of the balance court fee. We are satisfied that the appellant has shown sufficient cause to have the impugned decree set aside. Under such circumstance, this appeal is allowed and the rejection of the plaint is set aside on condition that the appellant pays to the respondent an amount of Rs.5,000/-, payable to the counsel appearing before this Court within a period of two weeks and the balance court fee shall be remitted within a period of four weeks. (THOTTATHIL B. RADHAKRISHNAN, JUDGE) (S.S.SATHEESACHANDRAN, JUDGE) ps