1 fa1581 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION FIRST APPEAL NO.1581 OF 2010 Dattatray Bhikaji Aher ...Appellant vs. Girish Madhavrao Kulkarni & Ors. ...Respondents Mr.Tushar Sonawane for the appellant Mr.M.M.Sathaye for the respondent no.6 CORAM : A.S.OKA,J. DATE : JULY 25, 2011 P.C.: 1 Heard learned counsel for the appellant and the learned counsel for the respondent no.6. Rest of the respondents have been duly served with the notice. The notice was for final disposal was issued on 14th March 2011. 2 The appellant is the original plaintiff. The plaint has been rejected in exercise of power under clause (b) of Rule 11 of Order VII of the Code of Civil Procedure,1908 (hereinafter referred to as the said Code). 3 On 23rd November 2009, the learned Judge passed an order below Exh.39 directing the appellant to correct the valuation of the suit and to pay deficit court fee. As the compliance was not made by the appellant within the time granted by the Trial Court, the impugned order of rejection of the plaint has been passed. 2 fa1581 4 The learned counsel for the appellant on instructions stated that the appellant is willing to comply with the order dated 23rd November 2009 passed below Exh.39. He submits that reasonable time may be granted to comply with the said order. 5 The learned counsel for the respondent no.6 opposes the appeal by contending that more than sufficient time was already granted to the appellant to comply with the order dated 23rd November 2009 and hence, no indulgence be shown. 6 I have considered the submissions. The plaint has been rejected on the ground of non -compliance with the order dated 23rd November 2009. Though belatedly, the appellant has shown willingness to comply with the said order accepting correctness of the said order. Therefore, reasonable time deserves to be granted to comply the said order. Prejudice which may be caused to the respondent can be compensated by ordering payment of costs. The amount of costs is quantified at Rs.5000/-. 7 Hence, I pass the following order : i) Impugned Judgment and order dated 23rd April 2010 is quashed and set aside subject to condition that the appellant shall comply with the order dated 23rd November 2009 passed below Exh.39 within a period of eight weeks from today. ii)If compliance is not made by the appellant 3 fa1581 within eight weeks from today, the order of rejection of the plaint will stand. iii)The appellant shall pay costs of Rs.5000/- to the respondent no.6 within a period of six weeks from today. iv)Appeal is partly allowed on above terms. JUDGE