IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN TUESDAY, THE 5TH OCTOBER 2010 / 13TH ASWINA 1932 RFA.No. 654 of 2009() ------------------------------- OS.321/2008 of PRINCIPAL SUB COURT,KOLLAM .................... APPELLANT/PLAINTIFF ----------------------------------- JOHN GEORGE, RESIDING AT SANDRA, KODETH NAGAR-52, KADAPPAKADA P.O., KOLLAM. BY ADV. SRI.K.SUBASH CHANDRA BOSE RESPONDENT(S): DEFENDANT --------------------------------------------- SARASWATHY, W/O.THULASI, T.N.R.A. NAGAR NO.10, THIRUMULLAVARAM, KOLLAM. R1 BY ADVS. SRI.B.MOHANLAL, SRI.C.SINOY. THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 05/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss Thottathil B.Radhakrishnan & P.Bhavadasan, JJ. = = = = = = = = = = = = = = = = = = = = = = = = R.F.A.No.654 of 2009-F = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 5th day of October, 2010. Judgment Thottathil B.Radhakrishnan, J. The plaintiff is the appellant. He challenges an order rejecting the plaint for non-payment of balance court fee. The suit was filed for recovery of Rs.10 lakhs allegedly due under a promissory note. It is admitted by both sides that an application has been filed for review of the very same order of rejection of the plaint. The plaintiff had pointed out before the court below that he could not pay the balance court fee in time since he was sick with ailments. Under such circumstances, we are inclined to think that the appellant-plaintiff should have been given an opportunity to pay the balance court fee. RFA654/09 -: 2 :- In the result, this appeal is allowed setting aside the judgment and decree of the court blow and granting the appellant the time till 30.10.2010 to pay the balance court fee before the court below. Thottathil B.Radhakrishnan, Judge. P.Bhavadasan, Judge. Sha/1510