SADASIVAN Vs. SASIDHARA PANICKER

JUDGEMENT

(1.) THE captioned application seeks condonation of delay of 414 days. The appeal is against an order by which the court below rejected the plaint for the non-payment of balance court fee. The plaintiff sued on a dishonoured cheque. The defendant contested, challenging the cheque and saying that it is materially altered. Issues were framed. The plaintiff did not pay the balance court fee, but applied for leave to sue as an indigent. That was dismissed. In 2002, he came to this Court with an appeal against that order. That was also dismissed. Thereafter, he applied for enlargement of time to pay the balance court fee. Ultimately, the court below dismissed that. Now, appeal is here from 2004 with application seeking condonation of dely of 414 days.

(2.) THE plaintiff would allege that his counsel appearing before the court below was quite unwell and was repeatedly in the hospital and his junior counsel did not appropriately intimate as to what had happened. The plaintiff would say that he never knew about the rejection of the plaint. The plaintiff has made a laborious exercise to demonstrate that sufficient cause has been shown to condone the delay in filing this appeal and also for his inability to pay the balance court fee in time.

(3.) WE see that there is a disputed question of fact, as to the contents of the cheque in issue. We also see that the attribute made is, to a senior member of Attingal bar and the plea of the plaintiff centers around his ill-health and management of files in his office. On the totality of the facts and circumstances, we are of the view that the application for condonation of delay and the appeal can be allowed, on terms. In the result, the CM application and RFA are allowed on condition that the appellant pays the respondent, through the counsel appearing for him before this Court, an amount of Rs. 10,000.00 as costs within a period of three weeks from now. If such amount is not paid within that time limit, this appeal will stand dismissed automatically. If such amount is paid, the court below will proceed taking back the and the plaintiff will pay the balance court fee within a period of one month from now. Parties are directed to mark appearance before the court below on 29.11.2012. Appeal and C.M.Application ordered accordingly.