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 23RD MAY 2011 / 2ND JYAISHTA 1933 RFA.No. 155 of 2011(D) ------------------------------- OS.242/2007 of SUB COURT, PERUMBAVOOR .................... APPELLANT/PLAINTIFF --------------------------------------- M.M.ISMAIL, AGED 60 YEARS, S/O.MUHAMMED, MANATH PAZHAYAPURA, KAKKANADU KARA, VAZHAKALA VILLAGE, THRIKKAKKARA.P.O., KANAYANNUR TALUK, KOCHI-682 021. BY ADV. SRI.SAIBY JOSE KIDANGOOR RESPONDENT(S): DEFENDANT -------------------------------------------- ULAHANNAN OUSEPH, MUTTATHOTTIL VEETTIL, MORAKKALAKARA, KUNNATHUNADU VILLAGE, KUNNATHUNADU TALUK, KUMARAPURAM.P.O. ADV. SRI.P.SATHISAN THIS REGULAR FIRST APPEAL HAVING COME UP FOR ADMISSION ON 23/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss Thottathil B.Radhakrishnan & S.S.Satheesachandran, JJ. = = = = = = = = = = = = = = = = = = = = = = = = R.F.A.No.155 of 2011 & C.M.Appl.No.432 of 2011 = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 23rd day of May, 2011. Judgment Thottathil B.Radhakrishnan, J. Heard. This appeal is against an order rejecting a plaint for non-payment of balance court fee. It is accompanied by an application seeking condonation of delay. The appellant, aged around 60 years, states that he could not pay the court fee in time and there was drastic loss in his business. He also says that he has been presently advised that he could at least press for the alternate relief of return of advance. The appellant would be eligible to apply for an amendment in that regard, if so advised and if amendment is allowed, the court below will consider the refund of any excess court fee found to have been paid. We are inclined to take the RFA155/11 -: 2 :- view that the delay of 856 days has been reasonably explained to the satisfaction of this Court and sufficient grounds are shown to set aside the rejection of the plaint on condition that the appellant pays the respondent an amount of Rs.10,000/- as costs, payable to the learned counsel appearing for the respondent before this Court, within three weeks from today and pays the balance court fee before the court below within one month from today. The time limits fixed as above shall be treated as last opportunity. On such payments, this appeal will stand allowed. If either of the payments is not made within the time fixed, the appeal will stand dismissed. If cost is paid and balance court fee is paid in terms of this judgment, the court below will take back the file and proceed with it in accordance with law. Thottathil B.Radhakrishnan, Judge. S.S.Satheesachandran, Judge. Sha/2305