IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 32782 of 2008(C)
1. JOLLY, AGED 48 YEARS,
... Petitioner
2. GEETHA, AGED 44 YEARS,
Vs
1. NADESAN, AGED 43 YEARS,
... Respondent
For Petitioner :SRI.K.A.MANZOOR ALI
For Respondent : No Appearance
The Hon'ble MR. Justice K.P.BALACHANDRAN
Dated :13/11/2008
O R D E R
K.P. BALACHANDRAN, J.
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W.P(c) No. 32782 of 2008
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Dated this the 13th day of November, 2008
JUDGMENT
Petitioners are the defendants in O.S. No. 579 of 2006 on
the file of Sub court, Irinjalakuda. The suit was decreed against them
vide Exhibit P1 Judgment, whereby cost also was ordered to be paid to
the plaintiff. Exhibit P2 application was filed by the petitioners
praying for an order to correct the decree and judgment, prefixing
word “proportionate” before the word “cost”. The effect would be that
instead of petitioners being liable to pay cost in the suit to the
respondent/plaintiff, their liability would be reduced to payment of
proportionate cost only. It is not a relief that can be granted by such an
application for correction of decree and judgment. Therefore by Exhibit
P3 order, the court dismissed Exhibit P2 application and it is that order
that is challenged before this court in this writ petition. There is no
ground to amend the decree and the order of cost allowed to the
respondent/plaintiff, being altered as “proportionate” cost. Further
W.P(c) No. 32782 / 2008
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allowing cost is in the discretion of the trial court decreeing the suit.
There is no merit in the writ petition and it is dismissed.
K.P. BALACHANDRAN, JUDGE
scm