G. Sasidharan, J.

This appeal is filed by defendants 9 and 10 in O.S. No. 196 of 1977 on the file of the 1st Additional District (Special) Court, Ernakulam. The suit was originally filed as O.S. No. 203 of 1973 in the Sub Court, Kottayam. Subsequently the suit was transferred to the Special Court, Ernakulam, which tries the church cases where it was renumbered as O.S. No. 196 of 1977. On 9.1.1998, the learned counsel appearing for the plaintiffs in that suit made an endorsement in the plaint that the suit had become infructuous in view of the Supreme Court judgment and on the basis of that endorsement the learned District Judge dismissed the suit. The judgment of the learned District Judge dated 9.1.1998 against which this appeal is filed reads as follows:

"The plaintiff's counsel submitted that O.S.196/ 77 is infructuous and the counsel prays to dispose of the case as infructuous. In this circumstances, the case is suo mote advanced to this day and the counsel also made an endorsement on that back of the plaint. In view of this the suit is dismissed".

2. It is seen from the judgment that the counsel appearing for the plaintiffs in the suit submitted that the suit had beco