IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE V.K.MOHANAN THURSDAY, THE 10TH JANUARY 2008 / 20TH POUSHA 1929 RFA.No. 12 of 2008 & CAVEAT PETITION NO.952OF 2007 -------------------- IA.NO.6624/2007 IN OS.6/2006 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT/PLAINTIFF ------------------- ANAS P.J., S/O P.A.JAFFER, PUTHEN VEEDU HOUSE, A.N.PURAM, MULLACKAL VILLAGE, AMPALAPUZHA, ALAPPUZHA DISTRICT. BY ADV. SRI.V.CHITAMBARESH (SR.) SRI.P.HARIDAS RESPONDENTS: DEFENDANTS ----------------------- 1. K.K.SWAMINATHAN, S/O KRISHNANKUTTY, CHAIRMAN, SHINES INDIA(P)LTD., VIDHYA BHAVAN, THONNALLUR MURI, PANDALAM, ADOOR TALUK. 2. P.V.RAJAMMA, W/O SWAMINATHAN, AGED 59 YEARS, DIRECTOR, SHINES INDIA(P)LTD., OF DO. DO. 3. SHINE NATH, S/O K.K.SWAMINATHAN, -DO- -DO- 4. SHINES INDIA(P)LTD., A REGISTERED COMPANY UNDER THE COMPANIES ACT, REPRESENTED BYITS CHAIRMAN AND MANAGING DIRECTOR, K.K.SWAMINATHA, RESIDING AT -DO- -DO- BY ADV. SRI.N.SUKUMARAN THIS REGULAR FIRST APPEAL HAVING COME UP FOR ADMISSION ON 10/01/2008 ALONG WITH CAVEAT PETITION, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMAN & V.K.MOHANAN, JJ. ------------------------------- R.F.A.NO.12 OF 2008 & CAVEAT PETITION NO.952 OF 2007 -------------------------------- Dated this the 10th day of January, 2008 JUDGMENT Raman, J. This is an appeal against the order passed by the court below in IA.No.6624/2007 in O.S.No.6/2006 declining to extend the period for remittance of the balance court fee as sought for. The appellant herein instituted the suit after remitting 1/10th of the court fee. Issues were settled on 8/8/2007. It is true that going by the provisions contained in Order 7 Rule 11 of the C.P.C. read with the relevant provisions of the Kerala Court Fees and Suits Valuation Act, he ought to pay the balance court fee within a period of 15 days, after framing of the issues. But a Division Bench of this Court in Shajahan v. Kamala Narayanan (1997 (1) KLT 569), after considering the provisions contained in Order 7 Rule 11 of the C.P.C. as well as Section 4A of the Kerala Court Fees and Suits Valuation Act and Sections 148 and 149 of the C.P.C., held that the power under Section 149 is an overriding power enabling the court in appropriate cases to extend the period for payment of court fee. However, the said order has to be passed after s-2- R.F.A.No.12/2008 & Caveat Petition No.952/07 being satisfied that there is sufficient reasons for extension of such time. The petitioner/appellant in this case filed an application seeking extension of time. But on going through the order we find that the court did not apply its mind as to whether extension of the period for remitting the court fee ought to be granted, after appreciating the reasons stated therein. The court below held that in view of Order 7 Rule 11 of C.P.C. the plaint stands rejected. No reasons are stated adverting to the reasons advanced to the appellant herein and considering as to whether sufficient reasons are made out for extension of time. 2. In the circumstances, we set aside the order passed by the court below. The court below shall pass fresh orders after hearing both sides. Parties shall appear before the court below on 22/1/2008. Communicate this judgment to the court below. Issue emergent copy. P.R.RAMAN, Judge. V.K.MOHANAN, Judge. kcv.