IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 11TH JANUARY 2008 / 21ST POUSHA 1929 CRP.No. 2787 of 2002(B) ----------------------- AGAINST THE ORDER DATED 31/10/2002 IN IA. 3294/2002 IN OS.392/1999 of IST ADDL.SUB COURT,ERNAKULAM .................... REVN. PETITIONERS: RESPONDENTS/DEFENDANTS 1 & 2: ------------------------------------------------------------------- 1. BASHEER, AGED 45 YEARS, S/O. MOHAMMED, MULLUMPURATHU HOUSE, ADOORPARAMBU, MOOVATTUPUZHA. 2. JOSE, S/O. THOMAS, KUNNAPPILLIL HOUSE, ANICADU KARA, MOOVATTUPUZHA. BY ADV. SRI.K.K.CHANDRAN PILLAI SRI.GIGIMON ISSAC RESPONDENT/PETITIONER/PLAINTIFF: ----------------------------------------------- MARKS EVENTS & ENTERTAINMENTS, EDAPPALLY, KOCHI-682 024, REP. BY ITS MANAGING PARTNER, MR. O.J. MARQUISE. BY ADV. SRI.C.A.MAJEED THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 11/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.R.P.No.2787/2002 2 ORDER ON C.M.P No.7015/2002 IN C.R.P.No.2787/2002 DISMISSED. 11/1/2008 Sd/- HARUN-UL-RASHID, JUDGE TRUE COPY P.A.TO JUDGE HARUN-UL-RASHID,J ====================== C.R.P.No.2787 of 2002 =============-=========== Dated this the 11th day of January, 2008 ORDER Respondents in I.A.No.3294/2002 on the file of the Ist Additional Sub Court, Ernakulam, who are defendants 1 and 2 in the suit have filed this civil revision petition challenging the order dated 31.10.2002 in the said I.A. The petitioner/plaintiff having failed to pay the balance Court fee the plaint was happened to be rejected and therefore he filed an application to restore the suit to file. The defendant filed a written statement setingforth counter claim. Since the balance court fee was not paid, the suit was rejected under order VII Rule 11 C.P.C. The present I.A is filed to review that order and for restoration of the suit. The court below by the impugned order allowed the petition for restoration. The court below also noticed the fact that the revision petitioners had set up counter claim and therefore the participation of the petitioner is inevitable. In the interest of justice a consideration of the suit on merit is necessitated for the reason that the plaintiff has paid the requisite balance court fee as well. I find no reason to interfere C.R.P.No.2787/2002 2 with the order passed by the court below. In the result the civil revision petition is without any merit and is dismissed. There will be no order as to cost. HARUN-UL-RASHID, JUDGE dvs