IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 14TH JANUARY 2011 / 24TH POUSHA 1932 CRP.No. 25 of 2010 AGAINST THE ORDER DATED 27/07/2009 IN IA.NO.2630/2008 IN OS.292/2007 OF MUNSIFF COURT, THALASSERY REVN. PETITIONER: PETITIONER/PLAINTIFF ----------------------------------------- PULIKKOOL SARADA,D/O.LATE PULIKKOOL NARAYANI, AGED 73 YEARS, RESIDING AT K.S.DEVELAYAM, DHARMADAM AMSOM PALAYAD DESOM, THALASSERY TALUK, KANNUR DIST. BY ADV. SRI.C.K.SREEJITH RESPONDENT: RESPONDENT: DEFENDANT ------------------------ PULIKKOOL KAUSALYA, D/O.LATE PULIKKOOL NARAYANI, AGED 70 YEARS, RESIDING AT KALLIL THAZHE HOUSE, PARAL.P.O,PARAL DESOM,THALASSERY. BY ADV. SRI.N.SHANOJ THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 14/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ C.R.P. NO. 25 OF 2010 ------------------------------------------------------ Dated this the 14th day of January, 2011 O R D E R The petitioner filed O.S.No.292 of 2007 on the file of the Court of the Munsiff of Thalassery. The issues were settled. The balance court fee to be paid was `1,350/-. It was not paid within time or within the extended time. The court had no other option, but to reject the plaint. The petitioner filed I.A.No.2630 of 2008 to review the order rejecting the plaint. That application was dismissed by the court below by the order dated 27.7.2009, which is under challenge in this Revision. 2. The defendant is the sister of the plaintiff. The plaintiff is aged 73 years at the time of filing the suit. It is true that the balance court fee to be paid was only `1350/-. It is also true that the court below could not be blamed for rejecting the plaint. However, it is submitted by the learned counsel for the petitioner that in the peculiar facts and circumstances of the case, the Review Petition could be allowed by the court below. In the peculiar facts and C.R.P. NO.25 OF 2010 :: 2 :: circumstances and also taking into account the relationship and age of the parties, I am inclined to allow the Civil Revision Petition. Accordingly, the order impugned is set aside on condition that the petitioner shall pay `500/- as costs to the respondent within a period of one month from today and also on condition that the balance court fee shall be paid within one month from today. The costs shall be deposited before the court below. If the balance court fee and the costs are not paid as mentioned above, the Civil Revision Petition shall be treated as dismissed and the order passed by the court below will remain in force. (K.T.SANKARAN) Judge ahz/