IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 21ST DECEMBER 2009 / 30TH AGRAHAYANA 1931 WP(C).No. 37008 of 2009(O) -------------------------- OS.150/2003 of SUB COURT,NEYYATTINKARA .................... PETITIONER(S): --------------- G.RAJA RETNAM, RESIDING AT GRACE BUILDINGS, DOOR NO.25, IIND FLOOR, M.C.NICHOLAS ROAD, CHIPPET, CHENNAI-31. BY ADV. SRI.V.CHITAMBARESH, SENIOR ADVOCATE SRI.T.C.SURESH MENON SRI.JIBU P THOMAS SRI.P.S.APPU SRI.A.R.NIMOD SRI.C.A.ANOOP RESPONDENT(S): --------------- 1.MARY MATHA EDUCATION SOCIETY, REG.NO.T.284/97, PALIYODE, DALUMUGHOM P.O., NEYYATTINKARA, THIRUVANANTHAPURAM, REP. BY ITS CHAIRMAN R.MURUGAN. 2.R.MURUGAN,CHAIRMAN, MARY MATHA EDUCATION SOCIETY, RESIDING AT RAJCOT, THYCAUD, THIRUVANANTHAPURAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ------------------------------- W.P.(C).NO.37008 OF 2009 (O) ----------------------------------- Dated this the 21th day of December, 2009 J U D G M E N T The writ petition is filed seeking mainly the following reliefs: i. to issue an appropriate direction to the Sub Court, Neyyattinkara to serve upon the petitioner the order passed in I.A.No.1880/2009 in O.S.No.150/2009 expeditiously. ii. to issue an appropriate direction to the Sub Court, Neyyattinkara to keep in abeyance all further proceedings in O.S.No.150/2009 including the payment of balance court fee. 2. Petitioner is the plaintiff in O.S.No.150 of 2009 on the file of the Sub Court, Neyyattinkara. Suit is one for recovery of money. Suit was instituted against the 1st respondent as sole defendant. The 1st defendant admitted the plaint claim by filing a statement. At that stage, 2nd defendant moved an WPC.37008/09 2 application under Order I Rule 10 (2) of the Code of Civil Procedure to get himself impleaded as additional 2nd defendant contending that the person who has been shown as representing the 1st defendant Society was incompetent to do so and he alone is competent to represent the society. That application was opposed to by the plaintiff. After hearing both sides, the court below allowed that application by order dated 9.12.2009. Petitioner/plaintiff has applied for a copy of that order, but he has not been served a copy so far. Meanwhile, the court has directed for deposit of the balance court fee payable on the suit claim and the case is now posted for such deposit on 23.12.2009. The limited prayer canvassed in the writ petition is for an issue of a writ/order/direction to the court below to issue a certified copy of the order allowing the impleadment of the 2nd respondent as additional 2nd defendant in the suit and to provide a breathing time to the petitioner/plaintiff to challenge that order by keeping in abeyance the directions issued for payment of the balance court fee. Having regard to the submissions made and taking note of the facts and circumstances presented, I find no notice WPC.37008/09 3 to the respondents is necessary, and hence, it is dispensed with. There will be a direction to the court below to issue a copy of the order passed in I.A.No.1880 of 2009 in the above suit within a period of 15 days from the date of receipt/production of a copy of this judgment, provided copy has been applied for. The court below is also directed to extend the time for payment of the balance court fee for a period of three weeks from today. With the above direction, the writ petition is disposed. Handover a copy of the judgment to the counsel for the petitioner on usual terms and send a copy of the judgment to the court concerned forthwith. S.S.SATHEESACHANDRAN JUDGE prp