IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 24TH JUNE 2009 / 3RD ASHADHA 1931 RFA.No. 723 of 2008() --------------------- OS.4/2008 of I ADDL.SUB COURT,ERNAKULAM .................... APPELLANT: ------------- BIJU ANTONY, W/O. LATE ANTONY, AGED 34, VETTAKKAL HOUSE, POONITHURA P.O. COCHIN. BY ADV. SRI.K.R.SUNIL RESPONDENT(S): --------------- 1. MATHAI, OLIKKAL HOUSE, MULANTHURUTHY VILLAGE, MULANTHURUTHY DESOM. 2. REJI, S/O.ABRAHAM, DO DO. 3. DANI MATHEW, S/O.MATHAI, DO DO BY ADV. SRI.S.DILEEP FOR R1 TO 3 SRI.K.PAUL KURIAKOSE FOR R1 TO 3 SRI.K.A.ANISH FOR R1 TO 3 THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 24/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.R.RAMAN & P.BHAVADASAN, JJ. ------------------------------- R.F.A.No. 723 of 2008 ------------------------------- Dated this the 24th June, 2009 J U D G M E N T Raman, J. This appeal is filed against an order rejecting the complaint for non-payment of balance court fee. The appellant is the plaintiff in the suit. The defendants were set ex parte. On the appointed date, the defendants had filed an application seeking to set aside the ex parte order. In such circumstances, the appellant thought that court fee need not be paid on that day, in view of the pendency of the application seeking to set aside ex parte order. This was the reason stated in the application for review of the order rejecting the plaint. However, the court below did not adhere to such submission and also dismissed the review petition filed by the plaintiff. 2. Considering the facts and circumstances of the case, we think it appropriate that the appellant be given an R.F.A.No.723 of 2008 2 opportunity to pay the balance fee and to dispose the suit on merits. In the result, the appeal is allowed. The impugned order is set aside. Accordingly, we grant one month's time to the appellant to pay the balance court fee. On the payment of same, the suit will stand restored to file, for disposal in accordance with law. P.R.RAMAN, JUDGE P.BHAVADASAN , JUDGE. nj.