IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN MONDAY, THE 13TH DECEMBER 2010 / 22ND AGRAHAYANA 1932 RFA.No. 125 of 2009() -------------------------------- OS.1054/2007 of I ADDL.SUB COURT,ERNAKULAM .................... APPELLANT (S): PLAINTIFF ------------------------------------------ M.G. AJAYAGOSH, S/O. GANGADHARAN (LATE) AGED 46 YEARS, MADATHIPARAMBIL HOUSE, ELAMKULAM VILLAGE, KANAYANNUR TALUK, NEAR PAVAKULAM TEMPLE KALOOR, KOCHI 682 017,REP.BY P/A HOLDER, MR. SARATHGHSH M.A., S/O. M.G. AJAYAGOSH AGED 20 YEARS, MADATHIPARAMBIL HOUSE,LFC ROAD BY ADV. SRI.SHAJI JOSEPH RESPONDENT(S): DEFENDANT -------------------------------------------- M.G. LALU, AGED 43 YEARS,S/O.GANGADHARAN (LATE) MADATHIPARAMBIL HOUSE, ELAMKULAM VILLAGE, KANAYANNUR TALUK,NEAR PAVAKULAM TEMPEL, KALOOR, KOCHI 682 017. R1 BY ADV. SRI.P.M.ZIRAJ THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 13/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss THOTTATHIL.B.RADHAKRISHNAN & P.BHAVADASAN, JJ. ------------------------------------------------------------------------ CM Appl.No.296/09 & RFA No.125 of 2009 ------------------------------------------------------------------------ Dated 13th December 2010 Judgment Thottathil.B.Radhakrishnan, J. This appeal is against an order, rejecting a plaint for non-payment of balance court fee. The parties are siblings. We even referred the matter to the Mediation Centre. Unfortunately, the matter is not settled. 2. The CM Application is filed by the son of the appellant, who is also the power of attorney holder of the appellant. He says that he is an Engineering student studying at Salem in Tamil Nadu and could not make appropriate arrangements to meet the counsel for payment of court fee. He says that the appellant is a koolie, working in the construction field. As of now, it is stated by the learned counsel that the appellant's wife is seriously ill. Having regard to the totality of the facts and circumstances, we condone the delay in filing this appeal. RFA No.125/09 2 3. For the reasons stated above, the impugned order rejecting the plaint is set aside and the plaint in OS No.1054/07 is restored to the files of Sub Court, Ernakulam. The appellant is granted two months' time from today to pay the balance court fee before the court below. The court below is directed to dispose of the matter in accordance with law as expeditiously as possible. The appeal is ordered accordingly. THOTTATHIL.B.RADHAKRISHNAN, JUDGE P.BHAVADASAN, JUDGE sta RFA No.125/09 3