1. The 1st defendant in O.S. No. 311 of 1974 on the file of Munsiff's Court, Kottarakkara is the revision petitioner. That was a suit filed by the respondent herein for a declaration of her alleged right and possession over the plaint schedule property on the basis of a will said to have been executed by her mother on 2 41965. The suit had been originally decreed in the plaintiff's favour on 1811975 but that decree which had been passed ex parte was later set aside on the application of the defendants and the suit was restored to file. Subsequently, from the check slip submitted by the Court-fee Examiner it was found that the court-fee paid on the plaint was inadequate and in consequence the court be low called upon the plaintiff to make good the deficit court-fee. Thereafter the suit stood posted to 18 111975 for payment of the additional court-fee but on that date the plaintiff's advocate applied for an adjournment on the ground that the plaintiff was unwell and was hospitalised at Shencottah. The court, however, refused to grant the adjournment and rejected the plaint under Order VII R.11 (c) of the Civil Procedure Code on the ground of non-payment of the deficit cou