IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 22020 of 2007(U)
1. MADHYAMAM DAILY, HAVING ITS HEAD OFFICE,
... Petitioner
Vs
1. ASWATHY DETERGENTS & CHEMICALS,
... Respondent
2. SHERLY, W/O.LATE P.V.SADANANDAN,
For Petitioner :SRI.V.M.ALI
For Respondent :SRI.GEORGE SEBASTIAN
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :02/07/2008
O R D E R
M.SASIDHARAN NAMBIAR, J.
-------------------------------
W.P.(C) No.22020 of 2007
-------------------------------
Dated this the 2nd July, 2008.
J U D G M E N T
This petition is filed under Article 227 of the Constitution
of India to quash Ext.P2 order dismissing I.A.NO.5016/2007 in
O.S.No.199/2006, on the file of the Additional First Munsiff Court,
Ernakulam. Ext.P2 order reads as follows:-
“Heard both sides. Proposed amendment is
to incorporate two persons as single plaintiff. As
the petition is not maintainable in law. I.A.
dismissed. “
I.A.No.5016/2007 shows that the amendment sought for
is not to implead two persons as plaintiff as stated in Ext.P2 order.
Evidently, learned Munsiff has not properly considered Ext.P2
application. Ext.P2 order is therefore quashed. Learned Munsiff is
directed to pass appropriate orders in the petition, in accordance with
law, after hearing the parties and considering the objections raised.
M.SASIDHARAN NAMBIAR,
JUDGE
nj.