IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS THURSDAY, THE 21ST JANUARY 2010 / 1ST MAGHA 1931 RFA.No. 298 of 2003 OS.304/1997 of ADDL.SUB COURT,KOLLAM .................... APPELLANT/PLAINTIFF: STATE BANK OF TRAVANCORE, A BANKING CONCERN INCORPORATED UNDER THE STATE BANK OF INDIA (SUBSIDIARY BANKS) (ACT 38/1959) HAVING ITS HEAD OFFICE AT TRIVANDRUM AND SEVERAL BRANCHES ALL OVER INDIA, REPRESENTED BY THE CHIEF MANAGER, MAIN BRANCH, MAVELIKKARA OF THE ABOVE BANK. BY ADV. SRI.SATHISH NINAN SRI.SANTHOSH MATHEW RESPONDENTS / DEFENDANTS: 1. T.OMANAKUTTAN PILLAI S/O. BHASKARAN PILLA, RAILWAY CONTRACTOR, RESIDING AT CHERUVELIL VEEDU, THAZHAVA P.O., KARUNAGAPPALLY, KOLLAM. 2. E.SUMATHY KUTTY PILLAI, W/O. N.BHASKARAN PILLAI, RESIDING AT KULLAKA VEEDU, KARUNAGAPPALLY (FROM CHERUVELIL VEEDU, THAZHAVA P.O., KARUNAGAPPALLY) 3. UNION OF INDIA, REPRESENTED BY THE GENERAL MANAGER, SOUTHERN RAILWAY, MADRAS. 4. THE DIVISIONAL MANAGER (WORKS), SOUTHERN RAILWAY, TRIVANDRUM DIVISION, TRIVANDRUM. 5. THE SAHAKARANA KARSHIKA GRAMEENA VIKASANA BANK, KARUNAGAPPALLY, REPRESENTED BY ITS SECRETARY. ADV. SRI.M.C.JOHN FOR R1 & R2 SRI.C.PRABIN BENNY FOR R1 & R2 SRI.P.G.PARAMESWARA PANICKER, SENIOR ADVOCATE FOR R5 SRI.P.GOPAL FOR R5 SRI.M.RAJENDRA KUMAR, ADDL.CGSC FOR R3 SRI.M.C.CHERIAN,SR.SC.,RAILWAYS FOR R3 & R4 THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 21/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & M.L.JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - R.F.A.No.298 OF 2003 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 21st day of January 2010 JUDGMENT Basheer, J. Appellant/bank instituted the suit for realisation of certain amount allegedly due from respondent Nos.1 and 2. When the suit came up for consideration on July 30, 2001, it was noticed by the court below that the appellant/plaintiff had failed to remit the balance court fee. Therefore, the plaint was rejected. The said order is under challenge in this appeal. 2. Unfortunately, this appeal has been pending on the file of this court for more than 6½ years. If only this had been brought up for consideration earlier, this delay could have been avoided. Anyhow, the fact remains that the litigants involved in this case have unnecessarily suffered. 3. Having regard to the entire facts and circumstances of the case, we are satisfied that the appellant/plaintiff has to be afforded sufficient opportunity to prosecute his suit. Therefore, the impugned order is set aside. 4. Appeal is allowed on condition that the appellant remits the balance court fee on or before February 6, 2010; in which event, the court below shall restore the suit on its file and dispose of the same in accordance with law. If the appellant fails to comply with the above direction, this appeal will stand dismissed. A.K.BASHEER, JUDGE M.L.JOSEPH FRANCIS, JUDGE jes