IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 20TH FEBRUARY 2008 / 1ST PHALGUNA 1929 RFA.No. 645 OF 2007() --------------------- OS.663/2004 OF PRL.SUB COURT,THRISSUR APPELLANT (PLAINTIFF). RAJAN @ RANGARAJAN, AGED 40 YEARS, S/O. KRISHNA SWAMY, TC 35/2537, NEHUR BAZAR, THRISSUR. BY ADV. SRI.M.V.BOSE SRI.VINOD MADHAVAN SMT.NISHA BOSE RESPONDENTS: DEFENDANT. T.MUHAMMED @ KUTTY HAJI, AGED ABOUT 46 YEARS, S/O. ASSAINAR, THAYYIL HOUSE, THOZHUVANNUR DESOM, VILLAGE, TIRUR TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.T.K.SAIDALIKUTTY SRI.LAL K.JOSEPH SRI.A.A.ZIYAD RAHMAN SMT.SHEENA SAMUEL THIS REGULAR FIRST APPEAL HAVING COME UP FOR ADMISSION ON 20/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.R. RAMAN & V. K. MOHANAN, JJ. = = = = = = = = = = = = = = = = = = = = R.F.A. NO. 645 OF 2007 = = = = = = = = = = = = = = = DATED THIS, THE 20TH DAY OF FEBRUARY, 2008. J U D G M E N T Raman, J. This is an appeal against the order rejecting the plaint in O.S. 663/2004 for non payment of the balance court fee. The appellant states that he had filed I.A.6471/2006 before the court below seeking enlargement of time by one month for payment of the deficit court fee. A copy of the application so filed is produced for perusal by the learned counsel for the appellant. Even though the said copy is not containing the seal of the court, I.A. number is mentioned as I.A. 6471/2006. 2. On a consideration of the totality of the facts and after hearing both sides, we are satisfied that interest of justice demands that an opportunity should be given to the appellant for payment of the deficit court fee. Accordingly, the order impugned is set aside and the appellant is given one months time from today for payment of the deficit court fee. In case the court fee is paid as directed above, the court below will proceed with the case in accordance with law. The appeal is disposed of as above. P.R. RAMAN, (JUDGE) V. K. MOHANAN, (JUDGE) knc/-