High Court Kerala High Court

St.Michaels Church vs Catholic Young Men’S Association … on 13 December, 2006

Kerala High Court
St.Michaels Church vs Catholic Young Men’S Association … on 13 December, 2006
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

RP No. 1007 of 2006(D)


1. ST.MICHAELS CHURCH, THATHAMPALLY,
                      ...  Petitioner

                        Vs



1. CATHOLIC YOUNG MEN'S ASSOCIATION (CYMA),
                       ...       Respondent

2. T.C.ANTONY, VICE PRESIDENT OF CYMA

3. JIBU MATHEW, VADAYIL HOUSE,

4. JOSEPH MATHEW, MALAYIL HOUSE,

5. DOTTY THOMAS, KANJIRATHINKAL,

6. JAMES ANTONY, UNEECHUPARAMBIL HOUSE,

7. MATHUKUTTY THOMAS,

8. THOMAS JOSEPH, PUTHENPARAMBIL,

9. E.MATHEW JOSEPH, ITHIPARAMBIL,

10. CYRIL KOSHY, S/O.KOSHY K.RAJAPPAN,

11. A.P.MICHAEL, S/O.THOMAS,

12. C.P.GEORGEKUTTY, AGED 42,

13. V.J.ANTONY, VALLAPURACKAL,

                For Petitioner  :SRI.JOHN JOSEPH VETTIKAD

                For Respondent  :SRI.GEORGE CHERIAN (THIRUVALLA)

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :13/12/2006

 O R D E R
                              M.SASIDHARAN NAMBIAR, J.

                            ------------------------------------------

                                   R.P.NO.1007 OF 2006

                                                in

                                 W.P.C.NO.22502 OF2006

                               -----------------------------------------

                      Dated this the  13 th  day of December, 2006.


                                            ORDER

This revision petition is filed challenging the judgment

dated 20.10.06 where under the petition challenging the

dismissal of the application filed for amendment of the plaint,

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

dismissed. Learned counsel appearing for petitioner producing

additional documents vehemently argued that the judgment

warrants review in view of the mistake committed and in the

interest of justice the mistakes are to be corrected.

2. The scope of review is limited. Unless there is

apparent error or other sufficient reason, the judgment cannot be

reviewed. Attempt of petitioner is to convert the review petition

into an appeal which cannot be allowed. Even if the judgment is

erroneous on that ground, it cannot be reviewed as sought for.

R.P.NO.1007 OF 2006

2

3. The order challenged in the writ petition was an

interlocutory order. As any other interlocuroty order, at a

subsequent stage on evidence, court is competent to take a

decision untrammeled by the observations in that order. As the

judgment is to be passed on considering the interlocutory order,

trial court is to dispose the suit on the evidence untrammeled by

any observation in the judgment also.

Petition dismissed with the said observations.

M.SASIDHARAN NAMBIAR,

JUDGE.

bkn