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 14TH FEBRUARY 2011 / 25TH MAGHA 1932 RFA.No. 451 of 2010() --------------------- OS.68/2009 of SUB COURT, MUVATTUPUZHA .................... APPELLANT/PLAINTIFF --------------------------------------- BASIL JOSEPH, S/O. ANTONY, AGED 43 YRS, PADANILATHU HOUSE, THUTHIYOOR KARA, VAZHAKKALA P.O., VAZHAKKALA VILLAGE, ERNAKULAM. BY ADV. SRI.E.D.GEORGE RESPONDENT(S): DEFENDANTS ------------------------- 1. K.M.MATHAI, S/O. MATHEW, KALLUNKAL HOUSE, ALATTUCHIRA P.O., KAKKANAD KARA, ERNAKULAM, PIN-683 544. 2. MARY MATHAI, W/O. K.M.MATHAI, KALLUNKAL HOUSE, ALATTUCHIRA P.O., KAKKANAD KARA, ERNAKULAM, PIN-683 544. ADV. SRI.H.B.SHENOY SRI.B.ASHOK SHENOY SMT.LAKSHMI B.SHENOY SRI.ABU MATHEW SRI.SOBHAN GEORGE THIS REGULAR FIRST APPEAL HAVING COME UP FOR ADMISSION ON 14/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN & S.S.SATHEESACHANDRAN, JJ. ----------------------------------- R.F.A.No.451 OF 2010 ------------------------------------ Dated this the 14th day of February, 2011 JUDGMENT Thottathil B.Radhakrishnan,J. This appeal is against an order rejecting a suit for non- payment of court fee within the extended period granted by the court below. We have heard the learned counsel for the parties. We have also seen the ground on which the appellant had sought for enlargement of time. He was unable to raise the fund on account of heavy loss in business. The court below was inclined to grant only 10 days time by extending the initial period for payment of balance court fee. We are inclined to think that having regard to the court fee payable and the different reasons advanced, the court below ought to have taken a more lenient view since it relates to levy under a fiscal legislation. Under such circumstances, we allow this appeal on condition that the appellant pays the defendants- RFA.451/10 2 respondents herein appropriate costs. We had ordered on 29.7.2010 that the appellant will furnish a F.D. Receipt for Rs.40,000/- before the court below. He has done it. The balance court fee payable is Rs.34,660/-, it is stated. We, accordingly, direct that the appellant will remit such court fee and pay the respondents, through their counsel appearing before this Court, an amount of Rs.5,000/- as costs within two weeks from now. The court below shall release the FD produced by the appellant forthwith on production of a copy of this judgment. The parties are directed to appear before the court below on 1.3.2011. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. Sd/- S.S.SATHEESACHANDRAN, Judge. kkb.14/2.