IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS TUESDAY, THE 17TH NOVEMBER 2009 / 26TH KARTHIKA 1931 RFA.No. 47 of 2009(E ) -------------------- OS.216/2006 of SUB COURT, MAVELIKKARA .................... APPELLANT/ PLAINTIFF: ------------------------------ SREEDHARAN, AGED 68 YEARS, S/O.PARAMESWARAN, THALASSERIKUNNIL VEETTIL, PUTHUPPALLY NORTH MURI, PUTHUPPALLY VILLAGE. BY ADV. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL RESPONDENT/ DEFENDANT: ------------------------- MOHAN DAS, AGED 52 YEARS, S/O.KUMARAN, KRISHNALAYATHIL, MAHADEVIKADU, KARTHIKAPPALLY VILLAGE, ALAPPUZHA. BY ADV. SRI.A.SHAFEEK (KAYAMKULAM) FOR R1 THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 17/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - R.F.A.No. 47 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of November, 2009 JUDGMENT Joseph, J. The appellant challenges the rejection of the plaint for non-payment of the balance court fee. 2. Heard the learned counsel for the appellant and the learned counsel for the respondent. 3. According to the appellant the balance court fee to be remitted was nearly Rs.17,000/- But due to unforeseen circumstances, the balance court fee could not be paid. It is stated that there is shortage of stamp papers. In the interests of substantial justice we feel that the appellant should be given an opportunity to remit the balance court fee, so that R.F.A.No. 47 of 2009 2 there will be a decision on merits of the matter. However it is to be a conditional order. 4. Accordingly the appeal is allowed on condition that the appellant will pay a sum of Rs.2,000/- as cost to the respondent and produce memo in this court within a period of three weeks. The appellant is given three weeks time from today to remit the balance court fee. (K. M. JOSEPH) Judge (M.L. JOSEPH FRANCIS) Judge tm