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Judgment
Justice V. Chitambaresh
The plaint was rejected for non payment of the balance court fee in a suit for realisation of money based on accounts. The petitioner/plaintiff filed an application for review of the order rejecting the plaint in the light of the decision in Gangadharan Vs. James Joseph, . The court below has however rejected the application for review on the ground that there is no error of law apparent on the face of the record. Every endevour should be made to have the lis disposed of on merits rather than non suiting the plaintiff on technical grounds. The plaintiff has a case that he could not muster the necessary money as he was laid up. The balance court fee is only Rs. 3,000/-. Substantial state is involved in the case as far as the plaintiff is concerned.
I set aside the order impugned and allow I.A. No. 229/2011 in O.S. No. 347/2009 on the file of the court of the Munsiff of Varkala. The court below is directed to restore the 2 suit to file and accept the balance court fee paid on the plaint and take the proceedings to a logical end expeditiously.
The Original Petition is disposed of as above.