IN THE HIGH COURT OF KERALA AT ERNAKULAM
RFA.No. 46 of 2008()
1. ABRAHAM IPE ALIAS RAJU,
... Petitioner
Vs
1. MRS.MERCY BABU, W/O.PAZHAYATTIL BABU,
... Respondent
2. MRS.ALPHONSA DAVID,
For Petitioner :SRI.K.N.SIVASANKARAN
For Respondent :SRI.K.K.CHANDRAN PILLAI
The Hon'ble MR. Justice P.R.RAMAN
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :25/08/2008
O R D E R
P.R.RAMAN & T.R.RAMACHANDRAN NAIR, JJ.
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R.F.A.No.46 of 2008-E
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Dated this the 25th day of August, 2008
J U D G M E N T
P.R.RAMAN, J.
This is an appeal against an order rejecting the plaint for non-
payment of the balance court fee. The court below has stated that
a representation was made by the counsel stating that his client
was out of India and that he may not be able to pay the court fee.
The learned counsel for the appellant/plaintiff submits that what
he meant is that the counsel will not be in a position to pay the
court fee. He also expressed that his client is prepared to pay the
court fee within a week’s time. We think that an opportunity must
be given to the appellant/plaintiff to pay the balance court fee.
However, since the remittance of the court fee is not within time
nor there was any application for extension of time, we allow the
appeal on terms.
2. Accordingly, the appeal is allowed.
3. The order of rejection will stand set aside and the suit is
restored on condition that the balance court fee is paid within one
R.F.A.No.46/2008
-:2:-
week from today and, further, an amount of Rs.1,000/- shall be
paid to the respondents through the counsel within a week’s time
towards cost.
P.R.RAMAN,
Judge
T.R.RAMACHANDRAN NAIR,
Judge
ms