Asha, J. Plaintiff in O.S.No.778 of 2010 on the file of the Principal Sub Court, Palakkad is the appellant herein. The suit was filed for recovery of money and for declaration and perpetual prohibitory injunction. By judgment dated 4th day of October, 2014, the court below rejected the plaint under Order 7 Rule 11 C.P.C, on the ground that the balance court fee, to the tune of Rs.4,11,364/-, was not remitted by the appellant within the stipulated time.
2. The appellant herein has approached this Court praying for time for remitting the balance court fee, while challenging the judgment of the court below.
3. We heard the learned counsel appearing for the appellant as well as the learned Government Pleader.
4. In the interests of justice, we find it necessary to grant an opportunity to the appellant for remitting the balance RFA.No.334/14 2 court fee. The appellant shall remit the balance court fee on or before 31.07.2014. If the same is remitted within the stipulated time, the Original Suit shall stand restored.
The impugned judgment is set aside and this appeal is allowed as above. There shall be no order as to costs.
Sd/-
T.R.RAMACHANDRAN NAIR Judge rtr/ Sd/- P.V.ASHA Judge /true copy/ P.S to Judge