availed by the second defendant and that money was appropriated fraudulently, the suit was laid. The defendants appeared and filed the written statement. The case was listed to 2/11/2004 for trial. Hence, he had made arrangements to fly to India in September 2004. In the meanwhile, a devastating hurricane struck his place of residence and damaged his house partially. Since he had to attend the trial in the court, he put temporary cover and left for India in September 2004. After reaching India, it was informed that another hurricane struck the same place, devastating the entire place including his house. Since his household articles were exposed to rain and sun without any roof, he had to rush back to USA. Immediately, his lawyer in Kerala was informed and on their instructions a replication was prepared in answer to the written statement. Along with the application to receive replication, an interlocutory application was filed to produce certain documents by the first defendant. I.A.No.4992/2004 was filed requesting the court not to include the case for trial in the list of November 2004 and if it is already included, to remove it from the list. It was prayed that it may be postponed to July/August 2005. Another application was filed to advance the hearing. However, the court
