IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 11TH FEBRUARY 2009 / 22ND MAGHA 1930 RFA.No.482 of 2006 ----------------------- OS.205/2003 of SUB COURT, KOZHIKODE .................... APPELLANT/PLAINTIFF: -------------------------- T.B.GOPINATH, AGED 53 YEARS, S/O.THACHAPPULLY BALAN, BUSINESS, 'SREEVALSOM', KOTTOLI AMSOM DESOM, KOZHIKODE. BY MR.JACOB ABRAHAM, ADVOCATE. RESPONDENT/DEFENDANT: ------------------------------ P.SUNDARAN, AGED 36 YEARS, W/O.PARAMBALATH SANKARANKUTTY, KOTTOOLI AMSOM AND DESOM, KOZHIKODE. BY MR.K.A.SALIL NARAYANAN, ADVOCATE, FOR R1. THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 11/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & S.S.SATHEESACHANDRAN, JJ. ------------------------------------------ R.F.A. No.482 OF 2006 ------------------------------------------ Dated this the 11th day of February, 2009. J U D G M E N T Kurian Joseph, J. This is an appeal against the judgment and decree in O.S.No.205/2003 on the file of the Sub Court, Kozhikode. Plaintiff is the appellant. As per the judgment under appeal, the plaint was rejected for non payment of balance court fee. 2. Having heard the counsel on both sides, we are of the view that the plaintiff is to be given an opportunity to pay the balance court fee in the interests of justice, on terms. Accordingly, we set aside the judgment under appeal. The appellant-plaintiff is permitted to pay the balance court fee within a period of one month from today. The appellant shall also pay costs to the tune of Rs.7,500/- (Rupees seven thousand five hundred only) to the Kerala High Court Legal Service Committee. It is made clear that in case the payments are not made as R.F.A.No.482/2006 2 above, the appeal will stand dismissed. The parties will appear before the court below on 31.03.2009. The appeal is disposed of as above. KURIAN JOSEPH JUDGE S.S.SATHEESACHANDRAN JUDGE smp R.F.A.No.482/2006 3 KURIAN JOSEPH & S.S.SATHEESACHANDRAN, JJ. R.F.A. No.482 OF 2006 J U D G M E N T 11.02.2009