Dr.A.K.Muthappan vs Prof G.K.Sasidharan on 24 July, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 21505 of 2008(I)


1. DR.A.K.MUTHAPPAN, PADIPPURA THEKKETHIL
                      ...  Petitioner
2. P.N.KUSUMAM, W/O.A.K.MUTHAPPAN

                        Vs



1. PROF G.K.SASIDHARAN, S/O.GOPALAN,NALINAM
                       ...       Respondent

2. AJITH, S/O.SASIDHARAN, OF DO.

3. GAYATHRI, HOUSE NO.14,PUNNUKKANNOOR

4. KRISHNA KUMAR, 17 YEARS, DO.DO.

                For Petitioner  :SRI.N.ASHOK KUMAR

                For Respondent  : No Appearance

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :24/07/2008

 O R D E R
                  M.SASIDHARAN NAMBIAR, J.
                     ...........................................
                  WP(C).No. 21505                  OF 2008
                    ............................................
         DATED THIS THE             24th        DAY OF JULY, 2008

                                JUDGMENT

This petition is filed under Article 227 of Constitution of

India, challenging Ext.P2 order passed by Additional Munsiff,

Kollam in I.A.6 of 2008 in O.S.670 of 2005, an application filed

under Rule 17 of Order VI of Code of Civil Procedure, by

plaintiffs to amend the plaint. Ext.P2 order was passed on

2.1.2008. The suit was thereafter dismissed on the same day.

2. Learned counsel appearing for petitioner submitted

that a petition for restoration of the suit is pending. But before

restoration of the suit, petition is not maintainable. The

petitioner is not entitled to get the plaint amended in a suit

which stands dismissed.

This petition is dismissed.

M.SASIDHARAN NAMBIAR, JUDGE

lgk/-