IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 11TH APRIL 2008 / 22ND CHAITHRA 1930 CRP.No. 353 of 2008(F) --------------------------------- (JUDGMENT DTD.14/02/2008 IN O.S. NO. 239/07 OF THE MUNSIFF COURT, KAYAMKULAM) .......... PETITIONER/ DEFENDANT: --------------------------------------- S. SUKUMARAN UNNITHAN, AGED 73 YEARS S/O.NEELAKANTAN UNNITHAN, RESIDING AT MANGALATHU HOUSE, VALLIKUNNAM MURI, -DO- VILLAGE. BY ADV. SRI.R.RAJASEKHARAN PILLAI. RESPONDENT/ PLAINTIFF: -------------------------------------- LEKSHMI KUNJAMMA, AGED 58 W/O.KUTTAN PILLAI, RESIDING AT "KAILAS" A 28 T.C.IX/2612, ELAMKKAM GARDENS VELLYAMBALAM, THIRUVANANTHAPURAM FROM KOTTAKKATTU HOUSE, VALLIKUNNAM MURI, -DO- VILLAGE. BY THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 11/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = C.R.P. NO. 353 OF 2008 = = = = = = = = = = = = = = = Dated this the 11th day of April, 2008. O R D E R This revision petition is preferred against the judgment in O.S.239/07 whereby the Court dismissed the suit of the plaintiff as not pressed. It is against that decision the defendant has come up in revision. The grievance of the defendant is that he has filed an application for amendment of the written statement whereby he wants to incorporate the counter claim and therefore if the suit is dismissed as not pressed it will prejudicially affect his right. 2. I am afraid that the defendant cannot have such contentions in a suit filed by the plaintiff before the filing of the counter claim. The plaintiff wants to get his suit dismissed as not pressed. The position would have been different if there has been a counter claim for the reason it will operate as an independent suit and non-prosecution of the plaint will not militate against the entertaining of the counter claim. Unfortunately in this case the counter claim is yet to come and therefore the plaintiff being a master of the CRP NO. 353 of 2008 -:2:- suit is entitled to say that he is not pressing the suit. Therefore judgment passed by the learned Munsiff does not suffer from any infirmity and therefore the C.R.P. is dismissed. M.N. KRISHNAN, JUDGE. ul/-