IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 25TH AUGUST 2008 / 3RD BHADRA 1930 RFA.No. 46 of 2008() -------------------- OS.442/2006 of I ADDL.SUB COURT,ERNAKULAM .................... APPELLANT/PLAINTIFF -------------------- ABRAHAM IPE ALIAS RAJU, S/O.ELIAS IPE, SRAMBIKAL, THANANGATTIL, PULICKAMALIL DESOM, MULAMTHURUTHI P.O. BY ADV. SRI.K.N.SIVASANKARAN RESPONDENTS: DEFENDANTS ----------------------- 1. MRS.MERCY BABU, W/O.PAZHAYATTIL BABU, 26/1217, REGENCY ROAD, KUTTANALLOOR, OLLUR P.O. 2. MRS.ALPHONSA DAVID, W/O.KURISINGAL DAVID, H.NO.7, S.R.P.NAGAR, COIMBATORE, REPRESENTED BY HER POWER HOLDER PAZHAYATTIL BABU, 26/1217, REGENCY ROAD, KUTTANALLOOR, OLLUR P.O. BY ADV. SRI.K.K.CHANDRAN PILLAI FOR R1 & 2 SRI.A.S.SAJUSH PAUL FOR R1 & 2 THIS REGULAR FIRST APPEAL HAVING COME UP FOR ADMISSION ON 25/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: RFA.No. 46 of 2008() ORDER ON I.A.NO.367/2008 IN R.F.A.NO.46/2008 CLOSED. SD/-P.R.RAMAN, JUDGE SD/-T.R.RAMACHANDRAN NAIR, JUDGE 25/08/2008 \\TRUE COPY// P.A to Judge P.R.RAMAN & T.R.RAMACHANDRAN NAIR, JJ. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ R.F.A.No.46 of 2008-E ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Dated this the 25th day of August, 2008 J U D G M E N T P.R.RAMAN, J. This is an appeal against an order rejecting the plaint for non- payment of the balance court fee. The court below has stated that a representation was made by the counsel stating that his client was out of India and that he may not be able to pay the court fee. The learned counsel for the appellant/plaintiff submits that what he meant is that the counsel will not be in a position to pay the court fee. He also expressed that his client is prepared to pay the court fee within a week's time. We think that an opportunity must be given to the appellant/plaintiff to pay the balance court fee. However, since the remittance of the court fee is not within time nor there was any application for extension of time, we allow the appeal on terms. 2. Accordingly, the appeal is allowed. 3. The order of rejection will stand set aside and the suit is restored on condition that the balance court fee is paid within one R.F.A.No.46/2008 -:2:- week from today and, further, an amount of Rs.1,000/- shall be paid to the respondents through the counsel within a week's time towards cost. P.R.RAMAN, Judge T.R.RAMACHANDRAN NAIR, Judge ms