IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 22ND SEPTEMBER 2008 / 31ST BHADRA 1930 RFA.No. 374 of 2008(B) AGAINST THE JUDGMENT AND DECREE IN O.S.NO.15/2007 ON THE FILE OF THE SUB COURT, THALASSERY APPELLANT: PLAINTIFF: PAZHAKOTTAL MAYAN, S/O.KUTTIATH, AGED 50 YEARS, MANGATTIDAM AMSOM, KURUMBUKKAL DESOM, MANGATTIDAM P.O., KUTHUPARAMBA, THALASSERY TALUK. BY ADV. SRI.CIBI THOMAS RESPONDENT : DEFENDANT: V.K.EBRAHIM, S/O.MOOSA, AGED 54 YEARS, MERCHANT, RESIDING AT PAVINAS MANZIL, PAZHAYANIRATH, KUTHUPARAMBA AMSOM, NARAVOOR DESOM, KOOTHUPARAMBA P.O. THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 22/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & K.T.SANKARAN, JJ. ------------------------------------------------------------- R.F.A. NO. 374 OF 2008 B ------------------------------------------------------------- Dated this the 22nd September, 2008 JUDGMENT Kurian Joseph, J. This is an appeal filed against the judgment and decree in O.S.No.15 of 2007, on the file of the Sub Court, Thalassery. It is seen that the plaint was rejected for non-payment of the balance court fee. Having regard to the facts stated in the Memorandum of Appeal, we are of the view that in the interest of justice an opportunity should be given to the appellant to pay the balance court fee. Accordingly, we allow the appeal and set aside the judgment and decree in O.S.No.15 of 2007 with a direction to the appellant to remit the balance court fee within a month from today. If not, the judgment and decree will stand confirmed. Pending interlocutory applications are hereby disposed of. (KURIAN JOSEPH) Judge (K.T.SANKARAN) Judge ahz/