M.M. Ismail vs Annamma, Mary, Susan and Eldho

Thottathil B. Radhakrishnan, J.—Heard.

This appeal is against an order rejecting a plaint for non-payment of balance court fee. It is accompanied by an application seeking condo nation of delay. The Appellant, aged around 60 years, states that he could not pay the court fee in time and there was drastic loss in his business. He also says that he has been presently advised that he could at least press for the alternate relief of return of advance. The Appellant would be eligible to apply for an amendment in that regard, if so advised and if amendment is allowed, the court below will consider the refund of any excess court fee found to have been paid. We are inclined to take the view that the delay of 1052 days has been reasonably explained to the satisfaction of this Court and sufficient grounds are shown to set aside the rejection of the plaint on condition that the Appellant pays the Respondent an amount of Rs. 10,000/- as costs, payable to the learned Counsel appearing for the Respondent before this Court, within three weeks from today and pays the balance court fee before the court below within one month from today. The time limits fixed as above shall be treated as last opportunity. On such payments, this appeal will stand allowed. If either of the payments is not made within the time fixed, the appeal will stand dismissed. If cost is paid and balance court fee is paid in terms of this judgment, the court below will take back the file and proceed with it in accordance with law.