IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN THURSDAY, THE 20TH AUGUST 2009 / 29TH SRAVANA 1931 RFA.No. 337 of 2006() --------------------- OS.865/2003 of PRL.SUB COURT,THRISSUR APPELLANT/PLAINTIFF. -------------------------- MUHAMMAD ASHAR, AGED 29, S/O.ABDU HAJI, PARATTUVEETIL HOUSE, BLANGAD DESOM, KADAPURAM VILLAGE, CHAVAKKAD TALUK. BY ADV. SRI.G.SREEKUMAR (CHELUR) RESPONDENT: DEFENDANT. ------------------------- C.H.ABDUL KAREEM, S/O.CHEERATHODIVEETIL HASSAN MUSALIAR, VENGOOR, CHEMMANIYOD DESOM, PERINTHALMANNA TALUK, MALAPPURAM DISTRICT. THIS REGULAR FIRST APPEAL HAVING COME UP FOR ADMISSION ON 20/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMAN & P. BHAVADASAN, JJ. = = = = = = = = = = = = = = = = = = = R.F.A. NO. 337 OF 2006 = = = = = = = = = = = = = DATED THIS, THE 20TH DAY OF AUGUST, 2009. J U D G M E N T Raman, J. This is an appeal against rejection of the plaint for non payment of court fee. Though a review petition was filed, the same was rejected, though unopposed by the respondent, on the ground that an appeal was already preferred to the District Court and hence the learned Sub Judge was not inclined to exercise the power of review. 2. We have perused the certified copy of the order in I.A. 1142/2006 in O.S. 865/2003, dated 22.6.2006, which is an application filed seeking to review the rejection of the plaint, in which the Principal Sub Judge, Thrissur, observed that there is no sufficient reason to review the order since there is no error apparent on the face of the record. It is also said that since an appeal has been preferred, a petition for review will not sustain. However, wince the said application was not opposed by the other side, an opportunity ought to have been given to conduct the suit on merits. R.F.A. 337/2006 2 In the circumstances, time for payment of the balance court fee is enhanced by two weeks from today and if the same is remitted, the suit will stand restored to file and the order rejecting the plaint will stand set aside. The appeal is disposed of as above. P.R. RAMAN, JUDGE P. BHAVADASAN, JUDGE. KNC/-