IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 28TH JULY 2008 / 6TH SRAVANA 1930 F.A.O.No. 29 of 2007() -------------------- AGAINST THE ORDER DATED 26/10/2006 IN I.A.NO.684/2006 IN A.S.NO.14/1997 OF SUBORDINATE JUDGE'S COURT, HOSDURG. .................... APPELLANT/APPLICANT: ---------------------- KONNAKKAD THADATHIL PEEYUS,S/O.THOMMY, AGED 50 YEARS, RESIDING AT KONNAKKAD, KODOM VILLAGE, HOSDURG TALUK, KASARAGODE DISTRICT. BY ADV. SRI.JAWAHAR JOSE RESPONDENT/RESPONDENT: ------------------------ KASARAGODE CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK, KASARAGODE P.O., KASABA VILLAGE, KASARAGODE TALUK AND DISTRICT, REPRESENTED BY ITS SECRETARY. BY ADV. SRI.T.SETHUMADHAVAN - R1 SRI.PUSHPARAJAN KODOTH - R1 SRI.K.JAYESH MOHANKUMAR - R1 THIS FIRST APPEAL FROM ORDERS HAVING BEEN FINALLY HEARD ON 28/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: F.A.O.No. 29 /2007 ORDER ON I.A. NO.277 OF 2007 IN F.A.O. NO.29 OF 2007 DISMISSED SD/- 28/07/2008 M.N. KRISHNAN, JUDGE /TRUE COPY/ P.A. TO JUDGE scm M.N.KRISHNAN, J. -------------------------- F.A.O. No. 29 OF 2007 --------------------- Dated this the 28th day of July, 2008 JUDGMENT This appeal is preferred against the order passed by the Subordinate Judge, Hosdurg, in AS 14/97. The appeal was dismissed for default by the court below on the ground that the appellant/applicant did not get ready with the appeal when it was posted on 15.6.06. The petition to restore the appeal was filed in time and a medical certificate was also produced. The court below found fault for the reason that the client did not intimate the Advocate though he had received the certificate on 14.6.06. The court also felt that earlier application for reception of documents had been dismissed and the applicant is not getting ready with the matter. 2. It is a settled position that unless there is gross negligence or grave misconduct, the broad principle of natural justice demands that a fair opportunity of being heard must be given to the party. I feel this is a case where there is no gross negligence or grave misconduct and therefore, I set aside the order passed by the court below and direct the court below to restore the suit. FAO No.29/07 2 Parties are directed to appear before the court below on 1.9.08. On that day, the court can fix the date for hearing the appeal. Unless the applicant gets ready with the appeal on that day, further adjournment need not be granted and the court can dispose of the matter. M.N.KRISHNAN, JUDGE vps FAO No.29/07 3