IN THE HIGH COURT OF KERALA AT ERNAKULAM
RFA No. 598 of 2006()
1. RAGHAVA KURUP, S/O.NARAYANA KURUP
... Petitioner
Vs
1. NARAYANAN S/O.VELUTHAKUNJU
... Respondent
For Petitioner :SRI.D.KISHORE
For Respondent :SRI.SAJJU.S
The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice A.K.BASHEER
Dated :03/01/2007
O R D E R
KURIAN JOSEPH & A.K.BASHEER, JJ.
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R.F.A. No.598 of 2006
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Dated 3rd January, 2007.
J U D G M E N T
Kurian Joseph, J.
This appeal is directed against the judgment and
decree in O.S.80/06 on the file of the Subordinate Judge’s Court,
Pathanamthitta. Despite service of notice, there is no
appearance for the respondent/defendant. The suit is one for
specific performance. The court fee payable in the suit is
Rs.38,900/-, according to the appellant. The defendant was set
ex parte on 21.7.2006 and the case was posted for payment of
balance court fee and evidence. It is submitted that in the
meanwhile, the counsel for the appellant had discontinued
practice and left for Mumbai, and hence there was omission to
take note of the posting, and thus on 24.11.2006, the plaint was
rejected for non-payment of balance court fee.
2. After having heard learned counsel appearing for
the appellant and on going through the materials on record, we
are satisfied that it is only in the interests of justice that the
appellant is given one more opportunity to pay the balance court
fee and prosecute the case on merits. Therefore, we set aside
RFA NO.598/06 2
the judgment dated 24.11.2006 in O.S.80/06, and the decree
thereof. There will be a direction to the Subordinate Judge’s
Court, Pathanamthitta to permit the appellant/plaintiff to pay the
balance court fee within three weeks from today. It is made clear
that in case the balance court fee as above is not paid within the
said period, the judgment and decree shall stand confirmed. The
interim order dated 19.12.2006 will continue till the disposal of
the suit.
The Regular First Appeal is disposed of as above.
I.A.4776/06 : Closed.
KURIAN JOSEPH, JUDGE.
A.K.BASHEER, JUDGE.
tgs
KURIAN JOSEPH & A.K.BASHEER, JJ
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W.P.(C) NO. OF 2004
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J U D G M E N T
Dated 3rd January, 2007.