IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 21ST JANUARY 2009 / 1ST MAGHA 1930 RFA.No. 141 of 2008 ------------------------ OS.287/2005 of SUB COURT,ERNAKULAM .................... APPELLANT/ PLAINTIFF: -------------------------- JOHN VARGHESE, AGED 60 YEARS, S/O.GEEVARGHESE VARGHESE, CHRISTIAN, TRADER, RESIDING AT POSTEL VIEW BUNGALOW, KIZHAKKETHAIL, MARKET JUNCTION, KOTTARAKARA VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.M.NARENDRA KUMAR RESPONDENTS/DEFENDANTS: ---------------------------------- 1. JACOB VARGHESE, AGED 51 YEARS, S/O.GEVARGHESE VARGHESE, TRADER, RESIDING AT XXXVI/2322, BALAN MENON LANE, AZAD ROAD, KALOOR, KOCHI. 2. K.G.ALEX, AGED 67 YEARS, S/O.GEEVARGHESE VARGHESE, CHRISTIAN, RESIDING AT RASI CHANDINI, KALYANI STREET, L.P.NAGAR, KATTIVAKAM, CHENNAI. 3. STATE BANK OF INDIA, ZONAL OFFICE, SHANMUGHAM ROAD, P B NO. 2597, ERNAKULAM REPRESENTED BY CHIEF MANAGER, (OFFICE ADMINISTRATION). 4. STANDARD CHARTERED BANK, ERNAKULAM BRANCH, HDFC BLDG, RAVIPURAM, ERNAKULAM REPRESENTED BU ITS MANAGER. RFA.No. 141/2008 ...2... 5. CANARA BANK, CARMEL CENTRE, BANERJEE ROAD, ERNAKULAM REPRESENTED BY ITS MANAGER. 6. STANLY CHRISTOPHER, AGED ABOUT 30 YEARS, S/O.SUNNY CHERIAN, CHRISTIN, MALE, RESIDING AT 2/23, SREE VIHAR, N.H.BYEPASS, MARADU, ERNAKULAM. 7. STANLEY, S/O.LATE ACHAMMA, RESIDING AT 2/23, SREE VIHAR, N.H. BYPASS, MARADU, ERNAKULAM. ADV. SRI.JAICE JACOB FOR R3 SRI.S.MOHANAN FOR R1 & R2 SRI.BABU PAUL FOR R7 THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 21/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & P.R. RAMACHANDRA MENON, JJ. ------------------------------------------ R.F.A. No.141 OF 2008 ------------------------------------------ Dated this the 21st day of January, 2009. J U D G M E N T Kurian Joseph, J. This is an appeal filed against the order dated 04.07.2007 in O.S.No.287/2005 on the file of the Sub Court Ernakulam whereby the application for enlargement of time for payment of balance court fee was dismissed and consequential rejection of the plaint. 2. After having heard the counsel on both sides, we are of the view that an opportunity should be given to the appellant- plaintiff to pay the balance court fee and prosecute the case on merits, by putting the appellant to terms. Therefore, we set aside the order under appeal. I.A.No.3969/2007 in O.S.No.287/2005 is allowed. The appellant shall pay the balance court fee within a period of three weeks from today. The appellant shall also pay costs to the tune of R.F.A. No.141/08 2 Rs.3,000/- (Rupees three thousand only) to the Kerala High Court Legal Service Committee within a period of two weeks. In case the payments as above are not made, the appeal will stand dismissed. The appeal is disposed of as above. KURIAN JOSEPH JUDGE P.R. RAMACHANDRA MENON JUDGE smp The Appellant's Counsel has paid Rs. 3,000/- as cost before the Kerala High Court Legal Services Committee (vide memo dated 3.2.09, C.F. No. 895/09) and Rs. 38,313 as Balance Court Fee before the Sub Court, Ernakulam ( vide memo dated 12.2.09, C.F. 896/09) within the time stipulated in the judgment in RFA 141/2008. Registrar (Judicial) R.F.A. No.141/08 3 KURIAN JOSEPH & P.R. RAMACHANDRA MENON, JJ. R.F.A. No.141 OF 2008 J U D G M E N T 21.01.2009