IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN MONDAY, THE 11TH APRIL 2011 / 21ST CHAITHRA 1933 FAO.No. 75 of 2011() ------------------------------ IA.NO.4063/2009 IN OS.66/2009 of ADDITIONAL SUB COURT, KOTTAYAM .................... APPELLANT/PLAINTIFF: ----------------------------------- SUSHAMA UNNIKRISHNAN, NANDANATHIL, KUDAMALOOR P.O., AYMANAM VILLAGE, KOTTAYAM DISTRICT. BY ADV. SMT.MIJI JOHN RESPONDENT/DEFENDANT: ----------------------------------------- VIJAYAMMA, KALAPURAKKAL, MARIATHURUTH P.O., PERUMBAIKADU VILLAGE, KOTTAYAM-2. BY THIS FIRST APPEAL FROM ORDERS HAVING COME UP FOR ADMISSION ON 11/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs Thottathil B.Radhakrishnan & P.Bhavadasan, JJ. = = = = = = = = = = = = = = = = = = = = = = = = F.A.O.75 of 2011 & C.M.Appl.461 of 2011 = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 11th day of April, 2011. Judgment Thottathil B.Radhakrishnan, J. This is an appeal, with an application seeking condonation of delay, filed against an order by which the court below dismissed an application filed under Order IX Rule 9 CPC seeking to restore a plaint rejected for non-payment of balance court fee. On query by us on the question of sustainability of such a procedure, learned counsel for the appellant referred to the decision of this Court in Varghese v. Devi Academy[1999(1) KLT 440]. The ratio of that decision is that an application for review could be entertained against rejection of plaint, that too, under inherent power of the court as recognized in Section 151 CPC. That does not open FAO75/2011 -: 2 :- up the cause of action to file an application under Order IX Rule 9 CPC. We are therefore of the view that the impugned order does not call for interference. We accordingly dismiss the C.M.Application and the appeal leaving open the right of the appellant, if any, to challenge the order rejecting the plaint, in accordance with law before the appropriate court. Thottathil B.Radhakrishnan, Judge. P.Bhavadasan, Judge. Sha/1804