IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 38134 of 2008(M)
1. MONI JOSEPH @ ALEYAMMA,
... Petitioner
Vs
1. JAGAN THOMAS, S/O. KURUVILA,
... Respondent
For Petitioner :SRI.JOHN JOSEPH VETTIKAD
For Respondent :SRI.C.S.MANILAL
The Hon'ble MR. Justice K.T.SANKARAN
Dated :26/03/2009
O R D E R
K.T.SANKARAN, J.
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W.P.(C).No.38134 of 2008
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Dated this the 26th day of March, 2009
JUDGMENT
The Writ Petitioner, who is the defendant in O.S.No.27 of
2006, on the file of the court of the Principal Subordinate Judge,
Kottayam, filed an application for amendment of the written
statement. That application was allowed as per the order dated
8.8.2007. However, the petitioner/defendant did not carry out
the amendment. When the suit was included in the special list
for trial on 12.12.2008, the petitioner filed I.A.No.5034 of 2008
for permission to carry out the amendment. That application was
dismissed by the court below as per Ext.P6 order dated
15.12.2008 with costs of Rs.500/- which is under challenge in
this Writ Petition.
2. The learned counsel appearing for the respondent/
plaintiff on instructions submitted that the respondent has no
serious objection in allowing the application as such. But, his
apprehension is that the petitioner is attempting to protract the
WPC No.38134/2009 2
proceedings.
Amendment having been allowed, and the petitioner having
not carried out the amendment within time, he has filed the
present application. It is true that there are laches on the part of
the petitioner. However, in the interests of justice, I am of the
view that the application is liable to be allowed on payment of
costs to the respondent. Accordingly, Ext.P6 order dated
15.12.2008 passed by the court below is set aside. I.A.No.5034
of 2008 is allowed on condition that the petitioner shall pay a
sum of Rs.500/- as costs to the respondent. The trial court shall
expedite the trial of the suit and shall post the case in the special
list. It is assured by the learned counsel for the petitioner that
the petitioner will not request for adjournment of the case unless
it is unavoidable. This submission is recorded. Costs shall be
paid on or before 25.5.2009.
The Writ Petition is disposed of accordingly.
K.T.SANKARAN,
JUDGE
csl