IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 21ST FEBRUARY 2011 / 2ND PHALGUNA 1932 RFA.No. 18 of 2011(B) -------------------- OS.529/2009 of PRL.SUB COURT,IRINJALAKUDA .................... APPELLANT/PLAINTIFF ----------------------------------- THOMAS, S/O. MANACHERY VEETTIL VARITHURUTHY, AMBAZHAKKADU DESOM, KURUVILASSERY VILLAGE, MUKUNDAPURAM TALUK. BY ADV. SRI.V.BINOY RAM RESPONDENTS : DEFENDANTS ------------------------- 1. JOSE, S/O. MADAPPILLY KOCHUDEVASSY, PAZHUKKARA DESOM, ANNALLUR VILLAGE, MUKUNDAPURAM TALUK. 2. POULOSE, S/O. MADAPPILLY KOCHUDEVASSY, PAZHUKKARA DESOM, ANNALLUR VILLAGE, MUKUNDAPURAM TALUK. 3. XAVIER, S/O. MADAPPILLY KOCHUDEVASSY, PAZHUKKARA DESOM, ANNALLUR VILLAGE, MUKUNDAPURAM TALUK. 4. VARGHESE, S/O. MADAPPILLY KOCHUDEVASSY, PAZHUKKARA DESOM, ANNALLUR VILLAGE, MUKUNDAPURAM TALUK. 5. PLAMENA, W/O. MADAPPILLY KOCHUDEVASSY, PAZHUKKARA DESOM, ANNALLUR VILLAGE, MUKUNDAPURAM TALUK. ADV. SRI.N.AJITH FOR R1 TO 5 SRI.R.SURAJ KUMAR FOR R1 TO 5 THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 21/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN & S.S.SATHEESACHANDRAN, JJ. *********************** R.F.A No.18 of 2011 ***************************** Dated this the 21st day of February, 2011 JUDGMENT Thottathil B.Radhakrishnan, J. This appeal is against an order rejecting plaint on ground of non payment of balance court fee. After framing the issues, the court posted the suit for payment of balance court fee. The plaintiff applied for extension of time. That was granted and the case stood posted to 21.06.2010. The court fee was not paid and the plaint was rejected. We have heard the learned counsel for the appellant and the learned counsel for respondents. The appellant points out that he had disc prolapse and was incapacitated to move around. He points out that the suit is for return of advance amount due under contract for sale. Having heard the learned counsel for the appellant, we are satisfied that ends of justice require the appeal being allowed on terms. The impugned order rejecting the plaint is set aside. The appellant/plaintiff is directed to remit the balance court fee within a period of three weeks from now and pay the respondents, cost of Rs.5,000/- (Rupees Five thousand only), R.F.A No.18 of 2011 2 payable to their learned counsel appearing before this Court within two weeks. Memo regarding such payment is to be filed before the court below. The parties are directed to mark their appearance before the court below on 07.03.2011. R.F.A ordered accordingly. (THOTTATHIL B.RADHAKRISHNAN, JUDGE) (S.S.SATHEESACHANDRAN, JUDGE) rtr/