IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE THURSDAY, THE 24TH JULY 2008 / 2ND SRAVANA 1930 RFA.No. 488 of 2008() --------------------- OS.682/2007 of PRINCIPAL SUB COURT,ERNAKULAM .................... APPELLANT/PLAINTIFF ------------------------------------ MATHEW JAMES.K., S/O.K.M.MATHAI, LINK HEIGHTS, PANAMPILLY NAGAR, COCHIN - 36. BY ADV. SRI.GEORGE VARGHESE (MANACHIRACKEL) SRI.JACOB MATHEW MANALIL RESPONDENTS: DEFENDANTS ----------------------- SANTHOSH K.THOMAS, AGED 42 YEARS, S/O.K.P.THOMAS, PROP: KIPS, 2ND FLOOR, S.V.BUILDINGS, RAVIPURAM, M.G.ROAD, COCHIN - 16. THIS REGULAR FIRST APPEAL HAVING COME UP FOR ADMISSION ON 24/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PIUS.C.KURIAKOSE, J. - - - - - - - - - - - - - - - - - - - - - R.F.A.No. 488 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of July, 2008 JUDGMENT The grievance of the appellant plaintiff is that even though his suit which was for recovery of Rs.7,80,500/- with interest was decreed by the learned Subordinate Judge, the learned Judge did not award cost. A substantial amount had been expended by the appellant towards court fees as well as Advocate fees. My attention was drawn by Sri.George Varghese, learned counsel for the appellant to section 35(2) of the Civil Procedure Code and it was submitted that the judgment is silent regarding the cost of the suit. Having regard to Sub section 2 of Section 35, the ground raised in the memorandum of appeal is apparently meritorious. At the same time, I feel that the petitioner could have moved the learned Sub Judge himself invoking his powers under Section 152 since it is probable that failure to award cost in this case is result of a mistake arising from an accidental slip or omission. Accordingly, I dismiss the appeal inlimine., however, giving liberty to the appellant to apply to the court R.F.A.No.488/08 2 below under Section 152 of the Civil Procedure Code. If the appellant files an application for amendment of the judgment and decree invoking section 152 of the CPC or any other apposite provisions, the learned Subordinate Judge will entertain that application and dispose of the same at the earliest in the light of the observations made herein above. PIUS.C.KURIAKOSE JUDGE sv. R.F.A.No.488/08 2