Ramachandran Nair , J.,
The appellant before this Court is aggrieved by the rejection of a plaint for non-payment of balance court fee.
2. We heard the learned counsel for both sides. Learned counsel for the appellant pleaded one more opportunity to pay the balance court fee. Learned counsel for the respondent submitted that maximum indulgence was shown by the Court below. It is also submitted that when an order was passed earlier declining to extend the period for remittance of the balance court fee, this Court set aside the order and the matter was sent back, as per the judgment in R.F.A. No.12/2008. It is submitted that the court below had granted time upto 3.8.2009 for payment of balance court fee and finding that the appellant had not paid the balance court fee within that time, the plaint was rejected. There is no legal infirmity in the matter.
3. Learned counsel for the appellant submitted that the plaintiff was in Tamil Nadu and therefore he could not comply with the order within the prescribed time allowed by the court. It is further submitted by the learned counsel for the appellant that, when the matter came up before the Sub Court for consideration on 3.8.09, he made an oral submission that the appellant/plaintiff is laid up and is not in a position to pay the balance court fee and sought for further time. The above statement is available in para.7 of the Memorandum of Appeal. We reproduce the last sentence in para.7:
“However, the appellant could not to remit the balance court fee on 3.8.09 as he was laid up due to jaundice at that time. It is submitted that while the appellant was in Tamil Nadu in connection with his business, he got this illness and could not reach back his home. In such circumstances, he could not communicate with this lawyer. He also was not able to contact his advocate for making arrangements to file an affidavit on his behalf stating the reasons for non- remittance of the balance court fee. Being so, when the matter came up before the learned Sub Judge for consideration on 3.8.09, the appellant/plaintiff's counsel made an oral submission that the plaintiff is laid up and is not in a position to pay the balance court fee and sought for further time.”
4. Of course the court below was right in stating that time was already granted. Even the time granted upto 03.08.2009 by the court below to pay the balance court fee was not taken advantage by the plaintiff. But as a last chance, we permit the appellant/plaintiff to pay the balance court fee within 15 days from today and for enabling the plaintiff to pay the balance court fee, the impugned order will stand set aside. It is made clear that if the payment is not made within the time stipulated above, the order rejecting the plaint will stand revived. It is made clear that no further extension will be granted. Therefore, the balance court fee will be paid on or before 28.06.2014.
The appeal is accordingly allowed. No costs.
Sd/-
T.R.RAMACHANDRAN NAIR (JUDGE) al & rtr/ Sd/- P.V.ASHA (JUDGE) True copy P. A to Judge