Raman, J.

The cross appellant is the plaintiff in the suit, and the respondent herein is the defendant. The suit was one for breach of contract and damages, which was decreed with cost, and the counter claim filed by the defendant was also dismissed.

The plaintiff was allowed to realise a sum of Rs.8 lakhs with interest at the rate of 9% per annum, from the date of the suit till the date of decree, and thereafter, at the rate of 6% till its realisation. The advance amount paid by the defendant was held as forfeitable, and so the counter claim was dismissed.

2. After paying one-third of the court fee, as contemplated under Section 22 of the Kerala Court Fees and Suits Valuation Act, (hereinafter referred to as 'the Court Fees Act' for short), defendant preferred an appeal, R.F.A.No.868 of 2008. The appeal was admitted on 19.12.2008. Notice was sent on 6.1.2009 with hearing date on 27.1.2009. The respondent- plaintiff, on being served with the notice, filed Cross Objection No.24 of 2009. While the matter was pending before this Court, attempts were made to settled the claim through mediators, which however failed. Though the appeal was admitted as early as in December, 2008