IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 13TH JUNE 2011 / 23RD JYAISHTA 1933 FAO.No. 330 of 2010() --------------------- AGAINST THE ORDER DATED 30/06/2010 IN IA 2156/2009 IN OS.339/2008 of PRINCIPAL SUB COURT,KOLLAM .................... APPELLANT/PLAINTIFF --------------------------------------- NAGARAJAN, AGED 43 YEARS, S/O.SANKARANACHARI, KARTHIKA, ERATTAKALUNKU, KUNATHLLORE CHERI, KIZHAVALAM VILLAGE, THIRUVANANTHAPURAM TALUK. BY ADV. SRI. K.SIJU SRI.S.SUDHEESHKAR SRI.PRATHEESH.P SMT.BINDU GEORGE RESPONDENT(S): DEFENDANT ------------------------ SELVARAJ, S/O.THYAGARAJAN, KOYIPURATHU VEEDU, KNWON AS S.K.BHAVAN, CHIRAKKARA P.O., EDAVATTOM CHERRY,KALLUVATHUKKAL VILLAGE, KOLLAM TALUK. THIS FIRST APPEAL FROM ORDERS HAVING BEEN FINALLY HEARD ON 13/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN & S.S.SATHEESACHANDRAN, JJ. ----------------------------------- F.A.O.No.330 OF 2010 ------------------------------------ Dated this the 13th day of June, 2011 JUDGMENT Thottathil B.Radhakrishnan,J. 1. This appeal is by the plaintiff. He challenges an order by which the court below refused to restore a suit to file. Though the impugned order proceeds as if, on 30.5.2009, the case stood posted for payment of balance court fee, the plaintiff stands to say that on 30.5.2009, he had remitted the balance court fee and had also filed an affidavit in lieu of chief examination. 2. The defendant respondent does not appear before us. We, therefore, had the aforesaid submissions of the appellant crosschecked through the Registry of this office. The Sheristadar of the Principal Sub Court, Kollam has confirmed the payment of balance court fee and the affidavit FAO.330/10 2 by the plaintiff to that effect on 30.5.2009 itself. Under such circumstances, we find no ground to sustain the impugned order. 3.In the result, this FAO is allowed. The impugned order is set aside. I.A.No.2156/09 in O.S. No.339/08 on the file of the Principal Sub Court, Kollam will stand allowed. The said suit will stand restored and the court below will proceed to deal with it in accordance with law and dispose it off at the earliest. 4.The parties are directed to mark their appearance before the court below on 4.7.2011. 5.We direct the appellant to serve copy of this judgment on the counsel appearing for the defendant before the court below and that will be deemed as due service of notice for the defendant as regards the date of appearance before the court below. FAO.330/10 3 Issue two sets of copies of this judgment to the appellant on appropriate application and terms. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. Sd/- S.S.SATHEESACHANDRAN, Judge. kkb.14/6.