IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE A.M.SHAFFIQUE THURSDAY, THE 1ST DECEMBER 2011 / 10TH AGRAHAYANA 1933 RFA.No. 448 of 2011() --------------------- OS.829/2010 of I ADDL.SUB COURT, KOZHIKODE .................... APPELLANT/PLAINTIFF ----------------------------- PADMAJA SASIDHARAN, AGED 50 YEARS, W/O. DR.C.K. SASIDHARAN, KUNNATHVILALAM HOUSE, P.O. ERANHIPALAM, KACHERI AMSOM DESOM, KOZHIKODE TALUK AND DISTRICT. BY ADV. SRI.K.A.SALIL NARAYANAN RESPONDENT/DEFENDANT ------------------------ E. JAYAKUMAR, AGED 46 YEARS, S/O. EZHUTHUPULLI SAMBASIVAN, VIAJAYA APARTMENTS, KOTTOOLI AMSOM, PARAYANCHERI DESOM, P.O. KUTHIRAVATTOM, KOZHIKODE DISTRICT. THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 01/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.M.JOSEPH & A.M.SHAFFIQUE, JJ. * * * * * * * * * * * * * R.F.A.No.448 of 2011 ---------------------------------------- Dated this the 1st day of December 2011 J U D G M E N T K.M.JOSEPH,J In the circumstances of the case, service is declared as complete. 2. This appeal is filed by the plaintiff aggrieved by the judgment rejecting the plaint under order 7 Rule 11(c) of C.P.C. for the reason that the plaintiff did not pay the balance court fee. 3. We have heard the learned counsel for the appellant. We notice that the suit is of the year 2010. It is submitted by the learned counsel for the appellant that no doubt 15 days time was granted once; but balance court fee could not be collected by that time and hence a petition was filed for enlarging the time by another one month. It is that petition which is rejected and the impugned decree is passed. 4. Having regard to the interests of justice and in the circumstances of the case, we feel that the appellant should be given opportunity to pay the balance court fee. Accordingly, RFA No.448 of 2011 2 appeal is allowed and impugned judgment is set aside and the appellant is given two weeks time from today to pay the balance court fee. (K.M.JOSEPH, JUDGE) (A.M.SHAFFIQUE, JUDGE) jsr // True Copy// PA to Judge RFA No.448 of 2011 3 RFA No.448 of 2011 4 K.M.JOSEPH & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 30/082010