1. This appeal has been preferred under S.96 and 0.41 R.1 of the Code of Civil Procedure against the judgment and decree in OS. 81 of 1998 of Sub Court, Manjeri. Suit was for recovery of a sum of Rs.8,57,550/- with future interest from 28.9.1998. Plaintiff had taken all formalities for serving notice on the defendants. Second defendants did not appear and was set ex parte. Suit was posted to 17.8.2001 for payment of balance court fee of Rs.56,358/- and then adjourned to 25.8.2001. On that day plaintiff was not present and the balance court fee was also not paid. The court therefore rejected the plaint by judgment dated 25.8.2001. Aggrieved by the said order plaintiff has approached this Court and filed the present appeal on 16.1.2003. An amount of Rs.10/- was paid towards court fee. Registry did not number the appeal since ad valorem court fee was not paid and post the same for curing the defects by paying court fee.

2. Counsel for the appellant however made the following notings "since the rejection of the plaint is a decree as defined in S.2(2) of the CPC appeal is maintainable. Court fee paid is sufficient. May be send to the Court." Registry however, made the followi