IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 18TH NOVEMBER 2008 / 27TH KARTHIKA 1930 RFA.No.678 of 2004 ------------------------ OS.333/1998 OF SUB COURT, PALAKKAD .................... APPELLANT/PLAINTIFF: ---------------------------- A.AROKYASWAMI, S/O. ARULAPPAN, 108, PAKSHI RAJA APPARTMENTS, PULIAKULAM, COIMBATORE - 641 045. BY ADV. SRI.A.R.GANGADAS RESPONDENTS/RESPONDENTS: ------------------------------------- 1. INDIAN BANK, VADAKARAPATHY BRANCH, REPRESENTED BY BRANCH MANAGER, VADAKARAPATHY, KOZHINJAMPARA, CHITTUR TALUK, PALAKKAD DISTRICT. 2. INDIAN BANK, REPRESENTED BY CHAIRMAN, HAVING OFFICE AT INDIAN BANK BUILDINGS, 31, RAJAJI SALAI, MADRAS. THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 18/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & K.T. SANKARAN, JJ. ------------------------------------------ R.F.A. No. 678 OF 2004 ------------------------------------------ Dated this the 18th day of November, 2008. J U D G M E N T Sankaran, J. The plaintiff in O.S.No.333/1998 on the file of the Sub Court, Palakkad is the appellant. The plaint was rejected by the court below for non-payment of balance court fee. This appeal is filed against the judgment passed by the court below rejecting the plaint. 2. From the facts and circumstances of the case, we are of the view that the appellant should be granted a further opportunity to pay the balance court fee within a period of three weeks. Accordingly, this appeal is allowed. The judgment of the court below in O.S.No.333/1998 is set aside and the appellant is granted three weeks' time to pay the balance court fee. On R.F.A. No. 678/04 2 payment of the balance court fee, the trial court will include the case in the special list and dispose of the same within another three months. KURIAN JOSEPH JUDGE K.T. SANKARAN JUDGE smp R.F.A. No. 678/04 3 KURIAN JOSEPH & K.T. SANKARAN, JJ. R.F.A. No. 678 OF 2004 J U D G M E N T 18.11.2008