IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 16TH MARCH 2010 / 25TH PHALGUNA 1931 RFA.No. 162 of 2010() --------------------- OS.144/2008 of I ADDL.SUB COURT,ERNAKULAM .................... APPELLANT/PLAINTIFF --------------------------------------- CORPORATION OF COCHIN REPRESENTED BY ITS SECRETARY, CORPORATION OFFICE, ERNAKULAM. BY ADV. SRI.M.K.CHANDRA MOHANDAS RESPONDENT(S): DEFENDANT ------------------------ P.M.SIVADAS, S/O.P.MADHAVAN PILLAI, AGED ABOUT 44 YEARS, PANTHAPLAKKAL HOUSE, CHERAKKADAVU P.O., KOTTAYAM. ADV. SRI.M.P.RAMNATH FOR R1 THIS REGULAR FIRST APPEAL HAVING COME UP FOR ADMISSION ON 16/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ R.F.A.No. 162 OF 2010 ------------------------ Dated this the 16th day of March, 2010 JUDGMENT Pius C.Kuriakose, J. Under challenge in this appeal is the judgment of the court below rejecting the plaint on the reason that the plaintiff Corporation of Cochin, the appellant herein, did not remit the balance court fee. Under the impugned judgment, the learned Sub Judge not only rejected the plaint, but also ordered that the counter claim lodged by the respondent/defendant can be proceeded with. We are informed that the counter claim presently stands posted at the defendant's instance for evidence. 2. On this appeal coming up for admission, Sri.M.P.Ramnath entered appearance on behalf of the respondent. Having considered the submissions addressed before us by Sri.M.K.Chandramohan Das the learned standing counsel for the appellant Corporation and those of Sri.M.P.Ramnath, we are of the view that the appellant should be afforded an opportunity to remit the balance court fee. Accordingly, we set aside the impugned judgment and remand RFA.No.162/2010 2 O.S. No.144/2008 to the Subordinate Judge's Court, Ernakulam. The parties will enter appearance before the Subordinate Judge's court on 20/3/2010 when the counter claim stands already posted before that court. This order of remand is made conditional upon the appellant Corporation remitting the entire balance court fee on or before 27/3/2010. It is made clear that if the appellant fails to pay the balance court fee within the time granted by us, the learned sub judge will be justified in rejecting the plaint again. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM , JUDGE dpk