IN THE HIGH COURT OF KERALA AT ERNAKULAM
RP No. 1007 of 2006(D)
1. ST.MICHAELS CHURCH, THATHAMPALLY,
... Petitioner
Vs
1. CATHOLIC YOUNG MEN'S ASSOCIATION (CYMA),
... Respondent
2. T.C.ANTONY, VICE PRESIDENT OF CYMA
3. JIBU MATHEW, VADAYIL HOUSE,
4. JOSEPH MATHEW, MALAYIL HOUSE,
5. DOTTY THOMAS, KANJIRATHINKAL,
6. JAMES ANTONY, UNEECHUPARAMBIL HOUSE,
7. MATHUKUTTY THOMAS,
8. THOMAS JOSEPH, PUTHENPARAMBIL,
9. E.MATHEW JOSEPH, ITHIPARAMBIL,
10. CYRIL KOSHY, S/O.KOSHY K.RAJAPPAN,
11. A.P.MICHAEL, S/O.THOMAS,
12. C.P.GEORGEKUTTY, AGED 42,
13. V.J.ANTONY, VALLAPURACKAL,
For Petitioner :SRI.JOHN JOSEPH VETTIKAD
For Respondent :SRI.GEORGE CHERIAN (THIRUVALLA)
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :13/12/2006
O R D E R
M.SASIDHARAN NAMBIAR, J.
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R.P.NO.1007 OF 2006
in
W.P.C.NO.22502 OF2006
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Dated this the 13 th day of December, 2006.
ORDER
This revision petition is filed challenging the judgment
dated 20.10.06 where under the petition challenging the
dismissal of the application filed for amendment of the plaint,
under Order VI Rule 17 of Code of Civil Procedure, was
dismissed. Learned counsel appearing for petitioner producing
additional documents vehemently argued that the judgment
warrants review in view of the mistake committed and in the
interest of justice the mistakes are to be corrected.
2. The scope of review is limited. Unless there is
apparent error or other sufficient reason, the judgment cannot be
reviewed. Attempt of petitioner is to convert the review petition
into an appeal which cannot be allowed. Even if the judgment is
erroneous on that ground, it cannot be reviewed as sought for.
R.P.NO.1007 OF 2006
2
3. The order challenged in the writ petition was an
interlocutory order. As any other interlocuroty order, at a
subsequent stage on evidence, court is competent to take a
decision untrammeled by the observations in that order. As the
judgment is to be passed on considering the interlocutory order,
trial court is to dispose the suit on the evidence untrammeled by
any observation in the judgment also.
Petition dismissed with the said observations.
M.SASIDHARAN NAMBIAR,
JUDGE.
bkn