High Court Kerala High Court

Sasidharan vs The Chief Manager on 20 November, 2009

Kerala High Court
Sasidharan vs The Chief Manager on 20 November, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 33460 of 2009(O)


1. SASIDHARAN, PROPRIETOR, SON OF
                      ...  Petitioner
2. K.P.GIRIJAKUMARI, PROPRIETOR,

                        Vs



1. THE CHIEF MANAGER,
                       ...       Respondent

2. THE MANAGER, STATE BANK OF TRAVANCORE,

                For Petitioner  :SRI.K.MOHANAKANNAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice S.S.SATHEESACHANDRAN

 Dated :20/11/2009

 O R D E R
                     S.S. SATHEESACHANDRAN, J.
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                       W.P.(C) No.33460 of 2009
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                       Dated: 20th November, 2009

                                 JUDGMENT

The writ petition is filed by the plaintiffs in O.S.No.364 of 2006

on the file of the Munsiff Court, Mavelikkara against the dismissal of

some applications filed by them in the suit. Suit is one for

compensation and at the stage when the suit came up in the list for

trial, petitioners moved an application for impleadment of two more

defendants, another for amendment of the plaint and the third one

for removal of the case from the list. All those applications were

dismissed by the learned Munsiff. Propriety and correctness of those

orders were challenged in the writ petition.

2. Notice given, the respondents have entered appearance. I

heard learned counsel on both sides.

3. Plaintiffs prosecuted the suit as party in person and

previously an application for amendment of the plaint moved by them

was returned to cure defects, but, it could not be represented within

time is the submission of the learned counsel for the petitioners. A

fresh petition was therefore filed for amendment of the plaint and

another for impleadment of two more persons as additional

defendants as their presence was found necessary for a fair and

proper disposal of the suit. Learned Munsiff dismissed the applications

W.P.C.No.33460/09 – 2 –

for the reason that the case has been already included in the special

list for trial. The applications were not considered on merits is further

submission of the counsel. On the other hand, learned counsel for the

respondents submitted that entire evidence in the case is over and

the case is posted for judgment tomorrow. It is further submitted by

the counsel that the previous application for amendment was

dismissed as not pressed, and it was not a case of returning for

curing of the defects. Endorsement made in P1, copy of the previous

amendment application indicating that it was not pressed. is relied by

the counsel to substantiate his submission. Having regard to the

submissions made by the counsel and considering the facts and

circumstances presented, I find no impropriety or illegality in the

orders passed by the learned Munsiff declining the amendment

application and also the petition for impleadment of additional

defendants in the suit. There is no merit in the writ petition, and it is

closed.

srd                              S.S. SATHEESACHANDRAN, JUDGE