JUDGMENT

P .G. Ajithkumar, J.

The plaintiff in O.S.No.21 of 2018 before the Sub Court, Karunagappilly is the appellant. He is aggrieved by the order in I.A.No.10 of 2021, which he had filed under Order IX, Rule 9 of the Code of Civil Procedure, 1908 seeking to restore the suit that was dismissed for non-payment of the court fees.

2. There was a delay of 442 days in filing this appeal.

As per the order dated 23.08.2023 in C.M.Appl.No.1 of 2023, the delay was condoned. Despite giving notice, the respondent did not choose to appear before this court.

3. Heard the learned counsel appearing for the appellant.

4. The appellant filed O.S.No.21 of 2018 for a decree of realisation of money. The suit was listed on 03.04.2021 for making payment of the balance court fees due on the plaint; since 1/10th court fees was alone paid at the time of institution. The appellant failed to make payment of the balance court fees and therefore the suit was dismissed for default on the said date. The learned counsel appearing for the appellant would submit that the request of the appellant to grant some more time to make payment of the balance court fees was rejected by the court below and consequently the sui