IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 16TH FEBRUARY 2010 / 27TH MAGHA 1931 RFA.No. 548 of 2009() ---------------------------- OS.372/2005 of ADDL.SUB COURT,KOTTAYAM ............................................................... APPELLANT/(PLAINTIFF) ---------------------------- K.G.SUNIL DUTH, AGED 51 YEARS, S/O.LATE K.C.GANGAHARAN, KOMMADATH HOUSE, UDAYA ROAD, THYKOODAM, KOCHI. BY ADV. SRI.M.V.MATHEW RESPONDENTS: (DEFENDANTS) ----------------------------------- 1. FR.K.P.VARGHESE, S/O.PHILIPOSE VARGHESE, KOLASSERIL HOUSE, VELOOR P.O., KOTTAYAM DISTRICT NOW RESIDING AT 303 B.JALARAM PALACE, BHATTER ROAD, NEAR ANKUR APPARTMENT, SURAT 395001. 2. LEELAMMA VARGHESE W/O.FR.K.P.VARGHESE, KOLASSERIL HOUSE, VELLOOR P.O., KOTTAYAM DISTRICT NOW RESIDING AT 303 B.JALARAM PALACE, BHATTER ROAD NEAR ANKUR APPARTMENT, SURAT. 3. DENNIS VARGHESE, S/O.FR.K.PVARGHESE, KOLASSERIL HOUSE, VELLOOR P.O., KOTTAYAM DISTRICT NOW RESIDING AT 303 B.JALARAM PALACE, BHATTER ROAD NEAR ANKUR APPARTMENT, SURAT. ADV. SRI.ALEXANDER PETER FOR R1 TO R3 SRI.K.P.VARGHESE FOR R1 TO R3 SRI.LEELAMMA VARGHESE FOR R1 TO R3 SRI.DENNIS VARGHESE FOR R1 TO R3 THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 16/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PIUS C. KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------------ R.F.A. No.548 OF 2009 ------------------------------ Dated this, the 16th day of February, 2010 J U D G M E N T ~~~~~~~~~~~ Pius C. Kuriakose, J. Under challenge in this appeal is the judgment of the court below rejecting the suit filed by the appellant/plaintiff on the ground that the balance court fee is not remitted. It is submitted before us, on behalf of Mr.M.V.Mathew, by Advocate Biju Martin, that the appellant/plaintiff is prepared to remit the balance court fee of Rs.1,25,000/- within ten days from today. We record the above submission. Sri.Alexander Peter, learned counsel for the respondent, would stiffly oppose our granting opportunity to the appellant to remit that the balance court fee. According to him, it was submitted on behalf of the appellant before the court below that the appellant does not intend to remit the balance court fee. He also submits that an application for review was unsuccessfully made by the appellant seeking in respect of the order. R.F.A.No.548/2009 - 2 - 2. Notwithstanding the opposition of the learned counsel for the respondent, we feel that considerations of justice demand that the appellant be given an opportunity to remit the balance court fee, however, only on conditions. 3. The result is that we set aside the judgment and decree under appeal and remand O.S.372/2005 to the Additional Subordinate Judges court, Kottayam. The parties will enter appearance before the Additional Subordinate Judges court, Kottayam on 1.3.2010. The appellant will remit the balance court fee payable on the plaint on or before 5.3.2010. This judgment will become operative only subject to the appellant complying with the following conditions: 1)the appellant pays a sum of Rs.3,000/- to the respondent through his advocate in this Court within seven days from today. 2)The appellant pays a further amount of Rs.3,000/- to the High Court Legal Services Committee within the same time limit. R.F.A.No.548/2009 - 3 - 3)Receipts against payment of both the amounts shall be produced before the court below by the appellant, so as to enable the lower court to understand whether the above conditions have been complied with. (PIUS C. KURIAKOSE, JUDGE) (C.K.ABDUL REHIM, JUDGE) ps