IN THE HIGH COURT OF KERALA AT ERNAKULAM RFA.No. 47 of 2009() 1. SREEDHARAN, AGED 68 YEARS, ... Petitioner Vs 1. MOHAN DAS, AGED 52 YEARS, S/O.KUMARAN, ... Respondent For Petitioner :SRI.R.SUNIL KUMAR For Respondent :SRI.A.SHAFEEK (KAYAMKULAM) The Hon'ble MR. Justice K.M.JOSEPH The Hon'ble MR. Justice M.L.JOSEPH FRANCIS Dated :17/11/2009 O R D E R K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - R.F.A.No. 47 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of November, 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 respondent.
3. According to the appellant the balance court fee to
be remitted was nearly Rs.17,000/- But due to unforeseen
circumstances, the balance court fee could not be paid. It is
stated that there is shortage of stamp papers. In the interests
of substantial justice we feel that the appellant should be
given an opportunity to remit the balance court fee, so that
R.F.A.No. 47 of 2009
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there will be a decision on merits of the matter. However it is to be
a conditional order.
4. Accordingly the appeal is allowed on condition that the
appellant will pay a sum of Rs.2,000/- as cost to the respondent
and produce memo in this court within a period of three weeks.
The appellant is given three weeks time from today to remit the
balance court fee.
(K. M. JOSEPH)
Judge
(M.L. JOSEPH FRANCIS)
Judge
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