IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 4TH DECEMBER 2009 / 13TH AGRAHAYANA 1931 RFA.No. 440 of 2009() --------------------- OS.85/2006 of PRL.SUB COURT,THRISSUR .................... APPELLANT/PLAINTIFF --------------------------------------- MANI,S/O. PALLIYIL AYYAPPANKUTTY, GANDHI NAGAR, PERINGAVU VILLAGE, THRISSUR. BY ADV. SRI.DILIP J. AKKARA RESPONDENT(S): DEFENDANTS ------------------------- 1. MAYA MANON, W/O. VENUGOPALA MENON, WARRIAM ROAD, ERNAKULAM. 2. REMALAKSHMI, SHEESHAI MAHAL HOUSE, HOUSE NO.140, BAMJARE HILLS NO.11 ROAD, HYDERABAD. ADV. SRI.A.BALAGOPALAN FOR R1-2 SRI.A.RAJAGOPALAN FOR R1-2 SRI.IMTHIYAZ AHAMED FOR R1-2 SRI.K.SANEESH KUMAR FOR R1-2 THIS REGULAR FIRST APPEAL HAVING COME UP FOR ADMISSION ON 04/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - R.F.A.No. 440 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of December, 2009 JUDGMENT Joseph, J. The appellant challenges the rejection of the plaint for non-payment of the balance court fee. 2. Heard the learned counsel for the appellant and the learned counsel for the respondents. 3. It is the case of the appellant that it is only because of misapprehension that he could not remit the balance court fee and he could not be present in court. 4. When the matter came up today, we dispose of the appeal on merits. We feel that in the interests of substantial justice, the appeal can be allowed. 5. Accordingly we allow this appeal and the impugned order is set aside, on condition that the appellant R.F.A.No. 440 of 2009 2 remits the balance court fee and also cost of Rs.3,000/- to the respondent, within a period of two weeks from today. If the balance court fee is so deposited, the court below will take up the suit and dispose of the same finally on or before 1.4.2010. In case the appellant does not pay the balance court fee or the cost of Rs.3,000/- and produce memo in respect of the cost before this court within a period two weeks, the appeal will stand dismissed. (K. M. JOSEPH) Judge (M.L. JOSEPH FRANCIS) Judge tm