IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS TUESDAY, THE 12TH JANUARY 2010 / 22TH POUSHA 1931 RFA.No. 758 of 2009() --------------------- OS.930/2008 of II ADDL.SUB COURT,THRISSUR .................... APPELLANT/PLAINTIFF --------------------------------------- K.V.CHANDRAN, AGED 47 YEARS, S/O.KOONATH VELAYUDHAN, KANIMANGALAM VILLAGE AND DESOM, THRISSUR TALUK. BY ADV. SRI.P.SANTHOSH (PODUVAL) SMT.R.RAJITHA RESPONDENT(S): DEFENDANT ------------------------ LAKSHMY SIVADASAN, AGED 37 YEARS, D/O.KONGATTIL ARAVINDAKSHAN, KURUPPATH LANE, VELIYANNUR VILLAGE, THRISSUR TALUK. THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 12/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K. BASHEER & M.L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - R.F.A. No. 758 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of January, 2010 JUDGMENT Basheer, J. This appeal is directed against the rejection of the plaint on the ground of non-payment of balance court fee. The learned counsel for the appellant submits that the appellant is prepared to remit the balance court fee within one week, if an opportunity is given. 2. In the peculiar facts and circumstances of this case, the prayer can be granted. We do so. 3. This appeal is allowed. The impugned order is set aside. The appellant can pay the balance court fee within a period of one week, failing which the appeal will stand dismissed. (A.K. BASHEER) Judge (M.L. JOSEPH FRANCIS) tm Judge