IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN MONDAY, THE 8TH NOVEMBER 2010 / 17TH KARTHIKA 1932 FAO.No. 116 of 2009() --------------------- AGAINST THE ORDER DATED 19/12/2008 IN IA 3793/2008 IN OS.540/1996 of ADDL.SUB COURT, PALAKKAD .................... APPELLANT/PETITOINER/PLAINTIFF: ---------------------------------------------------- C.K. MADHU, AGED 62 YEARS, S/O. LATE ACHUTHAN NAIR, RESIDING AT MANHAKULAM, YAKKARA VILLAGE, PALAKKAD. BY ADV. SRI.K.RAMESH RESPONDENT/RESPONDENT/DEFENDANT: ------------------------------------------------------------ THE CHAIRMAN, NEDUNGADI BANK LTD., NOW AMALAGAMATED WITH PUNJAB NATIONAL BANK, SHATABI BHAVAN, P.K. KESAVAMENON ROAD, KOZHIKODE. BY ADV. SRI.P.RAMAKRISHNAN. THIS FIRST APPEAL FROM ORDERS HAVING BEEN FINALLY HEARD ON 08/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Thottathil B.Radhakrishnan & P.Bhavadasan, JJ. = = = = = = = = = = = = = = = = = = = = = = = = F.A.O.No.116 of 2009 = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 8th day of November, 2010. Judgment Thottathil B.Radhakrishnan, J. This appeal is against an order by which the court below dismissed an application for restoration of a suit. The plaintiff was employed in the service of the defendant. The dismissal for non-appearance was attributed by the plaintiff to his inability to appear on the date on which the case was listed for trial in the special list. In fact, he had filed an application for removal of the case as he was then unable to move out and was also in grief on account of his mother's demise. His mother died on 20.9.2008. The application for adjournment of FAO116/09 -: 2 :- the case was allowed partly granting adjournment till 20.10.2008. As the plaintiff was not present on that date, the same was dismissed. The application for restoration was filed on 31.10.2008, i.e., within the time prescribed by law. He had pleaded that he was laid up due to Cellulites foot with fever. He has also produced a letter in that regard from Dr.George T.Ninan. The Court below, however, dismissed that application. The fact of the matter remains that following his Cellulites foot, by now his leg has also been amputated. There is no controversy on this factual aspect also. The suit is one for recovery of amounts from the employer by way of compensation etc. With the aforesaid materials, we are of the view that the application of the plaintiff for restoration deserves to be allowed. For the aforesaid reasons, we set aside the impugned order and allow I.A.No.3793/2008 in O.S.540/1996. Resultantly, the suit will stand FAO116/09 -: 3 :- restored. The parties will appear before the court below on 1.12.2010. Thottathil B.Radhakrishnan, Judge. P.Bhavadasan, Judge. Sha/2211