IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 7TH AUGUST 2009 / 16TH SRAVANA 1931 FAO.No. 80 of 2008() -------------------- AGAINST THE ORDER DATED 27/10/2007 IN IA.2060/2007 IN AS.88/2004 of ADDL.SUB COURT, IRINJALAKUDA .................... APPELLANT --------------------- SHINE, S/O.PURUSHOTHAMAN, KOKKUVAYIL HOUSE, KAIPAMANGALAM DESOM AND VILLAGE, KDUNGALLUR TALUK, THRISSUR DISTRICT. BY ADV. SRI.N.KRISHNANKUTTY PILLAI RESPONDENT(S): DEFENDANT ------------------------------------------------- THE MANAGER, NATIONAL INSURANCE CO.LTD BRACH OFFICE, IST FLOOR P.B. NO.70, MALIEKKAL BUILDING, MAIN ROAD IRINJALAKUDA, THRISSUR. ADV. SRI.K.B.RAMANAND THIS FIRST APPEAL FROM ORDERS HAVING BEEN FINALLY HEARD ON 07/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = F.A.O.No.80 of 2008 = = = = = = = = = = = = = = Dated this the 7 th day of August, 2009 JUDGMENT The plaintiff in O.S.No.268 of 2003 on the file of the Munsiff's Court, Irijalakuda is the appellant in this appeal filed under Order XLIII Rule 1(t) C.P.C. The said suit was one for realisation of a sum of Rs.37,500/- from the National Insurance Company with whom the plaintiff had subscribed to a policy of insurance. 2. The trial court as per judgment and decree dated 27.02.2004 dismissed the suit on merits. Aggrieved by the judgment and decree, the appellant/plaintiff filed A.S.No.88 of 2004 before the Sub Court, Iringalakuda. The said appeal was dismissed for default on 5.6.2007. Thereupon the appellant filed an application for re-admission of the appeal under Order 41 Rule 19 C.P.C. The said application has been dismissed by the impugned order dated 27.10.2007. F.A.O.No.80/2008 2 2. Heard both sides. The learned Sub Judge was too technical in dismissing the application under Order XLI Rule 19 C.P.C for re- admission of the appeal which was dismissed for default. The appeal ought to have been disposed of on merits. Accordingly, the impugned order dated 27.10.07 in I.A.No.2067/2007 is set aside and A.S.No.88 of 2004 is restored to file with a direction to dispose of the appeal on merits after giving an opportunity of being heard to both sides. No costs. Dated this the 7th day of August, 2009. V. RAMKUMAR, JUDGE sj