IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN MONDAY, THE 18TH OCTOBER 2010 / 26TH ASWINA 1932 RFA.No. 33 of 2010() ----------------- OS.63/2003 of SUB COURT, MAVELIKKARA ............. APPELLAN T/ PLAINTIFF : ------------------------------------ UDAYAPRABHU, AGED 27 YEARS, S/O.SIVANANDAN, PUTHENVEETIL, VADAKKUM MURI, MUTHUKULAM VILLAGE. BY ADVS. SRI.M.V.THAMBAN SRI.R.REJI SRI.B.BIPIN RESPONDENTS / DEFENDANTS : --------------------------------------------- 1. REMAKUMARI, W/O.RADHAKRISHNAN PARANKAMOOTIL, PUTHIYAVILLA MURI, KANDALLOOR VILLAGE. 2. REMYAKRISHNAN, D/O.RADHAKRISHNAN, DO. DO. 3. REMESHKRISHNAN, S/O.RADHAKRISHNAN, DO. DO. R1 TO R3 BY ADV. SRI.S.MOHANAN THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 18/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn THOTTATHIL B.RADHAKRISHNAN & P. BHAVADASAN, JJ. ------------------------------------------- C.M.Appl.88 of 2010 & R.F.A.No.33 OF 2010 ------------------------------------------- Dated this the 18th day of October, 2010 JUDGMENT Thottathil B.Radhakrishnan, J. Respondents appear. The plaintiff in a suit for recovery of money is the appellant. He seeks to set aside the order rejecting the plaint. The appeal is filed with an application seeking condonation of delay of 794 days. The ground urged is that the listing of the suit for payment of balance court fee was not known to the plaintiff in as much as he is employed with a trader of consumer goods in Madras and had been essentially hawking from place to place vending goods of his employer and he came to Kerala only thrice after he joined employment. We find that the plaint claim is valid and 1/10th of the court fee was paid. The totality of the facts and circumstances generate sufficient ground to grant the plaintiff RFA.33/10 2 an opportunity to pay the balance court fee and proceed with the suit on terms. In the result, this appeal and the C.M.application are allowed setting aside the impugned order and granting the plaintiff three weeks' time from today to pay the balance court fee on condition that the appellant will pay the respondents an amount of Rs.10,000/- in all, as costs payable to the counsel appearing for the respondents before this court within three weeks. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. Sd/- P.BHAVADASAN, Judge. kkb.19/10. Counsel for appellant has paid the cost of Rs.10,000/- to the counsel appearing for the respondent as per direction in the judgment dated 18.10.2010 and recorded vide order dated 13.12.2011 in C.M. Appln.88/2010 & R.F.A.33/2010. Sd/- Registrar (Judicial)