IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS TUESDAY, THE 27TH OCTOBER 2009 / 5TH KARTHIKA 1931 RFA.No. 515 of 2009() --------------------- OS.219/2007 of III ADDL.SUB COURT, KOZHIKODE .................... APAPELLANT/PLAINTIFF: ------------------------------------ EKARANNAPARAMBATH IMBICHAMMU, S/O. MAKKARUKUTTY, AGED 75 YEARS, EKARNNAPARAMBATH HOUSE, PAANYANKARA AMSOM DESOM, KOZHIKODE TALUK, REP. BY HIS POWER OF ATTORNEY SRI.K.P. ASSAN HAJI, S/O. ALI. BY ADV. SRI.K.A.SALIL NARAYANAN RESPONDENT(S): --------------- 1. ELAYEDATH AZEEZ, AGED 60 YEARS, S/O. ALIKOYA, ELAYEDATH HOUSE, PANNYANKARA AMSOM DESOM KOZHIKODE TALUK. 2. RUKIABI, AGED 50 YEARS, W/O. ELAYADATH AZEEZ, ELAYEDATH HOUSE, PANNYANKARA AMSOM DESOM, KOZHIKODE TALUK. ADV. SRI.C.P.MOHAMMED NIAS FOR R1 & 2 THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 27/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON I.A.NO. 3626 OF 2009 IN R.F.A. 515 OF 2009 DISMISSED 27.10.2009 SD/- K.M. JOSEPH, JUDGE SD/- M.L.JOSEPH FRANCIS, JUDGE /TRUE COPY/ K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - R.F.A.No. 515 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 27th day of October, 2009 JUDGMENT Joseph, J. This appeal is filed against the rejection of the suit under Order 7 Rule 11(c) C.P.C. for non-payment of the balance court fee. We notice that the appellant had filed an application, I.A. 2279 of 2009, for extension of the time to pay the balance court fee, which was also rejected. 2. Heard the learned counsel for the appellant and the learned counsel for the respondents. 3. The learned counsel for the appellant would submit that the appellant was not keeping well and he could not make arrangement for remitting the balance court fee. We take a liberal view and allow the appeal. But it cannot be an unconditional order. The learned counsel for the appellant R.F.A.No. 515 of 2009 2 submits that the appellant is prepared to pay the balance court fee within a period of two weeks. 4. Accordingly this appeal is allowed, subject to the condition that the appellant will remit the balance court fee within a period of three weeks and also on condition that the appellant will pay a sum of Rs.3,000/- as cost to the respondents and produce memo before this Court within a period of three weeks from today. If the appellant does not remit the balance court fee or cost as aforesaid, this appeal will stand dismissed. (K. M. JOSEPH) Judge (M.L. JOSEPH FRANCIS) Judge tm