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Sreedharan vs Mohan Das on 17 November, 2009

Kerala High Court
Sreedharan vs Mohan Das on 17 November, 2009
       

  

  

 
 
  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.
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                        R.F.A.No. 47 of 2009
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           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

2

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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