High Court Kerala High Court

Khadeeja vs The Kerala Police Housing And on 16 September, 2008

Kerala High Court
Khadeeja vs The Kerala Police Housing And on 16 September, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 27567 of 2008(F)


1. KHADEEJA, D.NO. 12/769,
                      ...  Petitioner
2. AAYSHA MUHAMMED, D. NO.12/769,
3. IBRAHIM MOHAMMED,
4. ARIFA MOHAMMED,D. NO.12/769,

                        Vs



1. THE KERALA POLICE HOUSING AND
                       ...       Respondent

                For Petitioner  :SRI.K.L.VARGHESE

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :16/09/2008

 O R D E R
                           V. RAMKUMAR, J.

                 * * * * * * * * * * * * * * * * * *
                     W.P.(C) No. 27567 of 2008
                * * * * * * * * * * * * * * * * * *
                         Dated: 16-09-2008


                               JUDGMENT

Heard both sides.

2. The petitioners are the mother and children of one K.E.

Kunju Mohammed, the original plaintiff in O.S. 344 of 2004 on the

file of the I Addl. Sub Judge, Thiruvananthapuram. The said suit filed

by K.E. Kunju Mohammed was one for recovery of a sum of Rs.

14,49,282/- from the Kerala Police Housing and Construction

Corporation Limited with interest thereon. After the death of the

original plaintiff the petitioners, four in number, were impleaded as

his legal representatives and addl. plaintiffs 2 to 5. At a stage after

the framing of issues the petitioners filed I.A. 5158 of 2007 under

order VI Rule 17 C.P.C. seeking an amendment of the plaint

restricting the claim under the final bill to Rs. 2,79,043 as against

Rs. 8,48,782/- . The said application was opposed and dismissed as

per the impugned order dated 21-8-2008 holding inter alia that the

said prayer if allowed would adversely affect the counter claim

made by the defendant Corporation.

3. After hearing both sides, I see no reason why the prayer

of the petitioners should not have been granted by the court below.

W.P.(C) No. 27567 of 2008 -:2:-

Probably, the petitioners have a feeling that they would be unable

to give evidence in support of the claim for the entire amount of Rs.

8,48,782/- That may be reason why they were restricting the claim

to Rs. 2,79,043. The petitioners were entitled to do so. By allowing

the said application for amendment the court was not granting a

decree but only permitting the pleadings to be amended. It goes

without saying that upon such amendment of the plaint the

defendant will have further opportunity to file additional written

statement and the suit as well as the counter claim will have to

proceed according to law. Hence, the impugned order so far as it has

refused the amendment of the plaint is set aside . The said

application for amendment will stand allowed. The respondent

Corporation can file an additional written statement within the time

granted by the court below. Parties shall appear before the court

below without any further notice on 24-09-2008.

This Writ Petition is disposed of as above.

Dated this the 16th day of September 2008.

Sd/-V.Ramkumar, Judge.

ani.

/true copy/