IN THE HIGH COURT OF KERALA AT ERNAKULAM
RFA No. 522 of 2006()
1. HOUSING DEVELOPMENT FINANCE
... Petitioner
Vs
1. VARGHESE KURUVILLA, S/O.THOMAS KURUVILLA
... Respondent
For Petitioner :SRI.KOSHY GEORGE
For Respondent : No Appearance
The Hon'ble MR. Justice M.RAMACHANDRAN
The Hon'ble MR. Justice A.K.BASHEER
Dated :18/12/2006
O R D E R
M. RAMACHANDRAN & A.K.BASHEER, JJ.
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R.F.A.NO.522 OF 2006
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Dated this the 18th day of December, 2006
J U D G M E N T
Basheer, J.
This appeal at the instance of the plaintiff in a
suit for realisation of money is directed against rejection of
the plaint on the ground of non-payment of balance court
fee.
2. It is submitted by learned counsel for the
appellant that balance court fee was remitted before the
court below on October 3, 2005, without realising the fact
that the plaint had already been rejected on September
28,2005.
3. Though notice has been served on the
respondent/defendant, he has not appeared either in
person or through counsel.
4. Having heard learned counsel for the appellant
and having perused the materials on record, we are
satisfied that the appellant has to be given an opportunity
to prosecute his case. Therefore, the decree and judgment
R.F.A NO.522 OF 2006
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passed by the court below are set aside. The suit shall be
restored to file if the balance court fee had already been
remitted as contended by the appellant. The court below
shall dispose of the suit on its merit.
The Regular First Appeal is disposed of as above.
sd/-
M. Ramachandran, Judge
sd/-
A.K.Basheer, Judge
Mbs/
R.F.A NO.522 OF 2006
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M. RAMACHANDRAN &
A.K.BASHEER, JJ
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W.P.(FC).NO. OF 200
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J U D G M E N T
DATED: -11-2006
R.F.A NO.522 OF 2006
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