IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 8TH JUNE 2011 / 18TH JYAISHTA 1933 OP(C).No. 579 of 2011(O) OS.131/2009 OF II ADDL.SUB COURT,ERNAKULAM PETITIONER ---------------------- S.ASHOKAN, AGED 54 YEARS,S/O.SUKUMARAN, ARUNAODAYAM, CHIRAMMEL HOUSE, KADAVIL ROAD, CHALAKKUDY, THRISSUR DISTRICT, PIN-680307. BY ADV. SRI.LAL K.JOSEPH SRI.A.A.ZIYAD RAHMAN SRI.P.MURALEEDHARAN (THURAVOOR) SRI.V.R.REKESH SRI.V.S.SHIRAZ BAVA RESPONDENT: --------------- M.P.USHA, AGED 37, D/O. KUNJAMMA, MADATHIPARAMBIL HOUSE, DOOR NO.1/618, KUREEKKAD VILLAGE, THIRUVANKULAM P.O. KANAYANNOOR TALUK, PIN - 682305. THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 08/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE PLAINT IN O.S.NO.131 OF 2009 ON THE FILE OF THE II ADDITIONAL SUBORDINATE JUDGE'S COURT, ERNAKULAM, FILED BY THE RESPONDENT. EXT.P2 TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE PETITIONER IN O.S.NO.131/09 ON THE FILE OF THE IIND ADDITIONAL SUBORDINATE JUDGE'S COURT, ERNAKULAM. EXT.P3 TRUE COPY OF THE W.P.(CRL.) NO.423/2008 FILED BEFORE THIS COURT. EXT.P4 TRUE COPY OF THE JUDGMENT DATED 27.11.2008 IN W.P.(CRL) NO.423/2008. EXT.P5 TRUE COPY OF THE RESTORATION APPLICATION. EXT.P6 TRUE COPY OF I.A.NO.6/2011 FILED BEFORE SUBORDINATE JUDGE'S COURT, ERNAKULAM. EXT.P7 TRUE COPY OF THE COUNTER IN I.A.NO.6/2011. EXT.P8 THE CERTIFIED COPY OF THE ORDER DATED 11.1.2011 IN I.A.NO.6/2011. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// AHZ/ K.T.SANKARAN, J. ------------------------------------------------------ O.P.(C). NO. 579 OF 2011 O ------------------------------------------------------ Dated this the 8th day of June, 2011 JUDGMENT The petitioner is the defendant in O.S.No.131 of 2009 on the file of the Court of the Subordinate Judge, Ernakulam. The suit is for realization of money. In paragraph 3 of the plaint, it is stated that the defendant borrowed an amount of Rupees fourteen lakhs on various occasions from the plaintiff and in the last week of November 2008, when the plaintiff demanded return of the amount, the defendant issued a cheque dated 5.12.2008 for Rupees Fourteen lakhs. 2. In paragraph 2 of the written statement, the above contention of the plaintiff was denied. It was further stated in paragraph 4 of the written statement that the plaintiff filed a Writ Petition in the High Court alleging that the defendant was under the illegal custody of his wife and children during the relevant period in which the cheque was allegedly issued. 3. The plaintiff filed I.A.No.6 of 2011 for amendment of the O.P.(C) NO.579 OF 2011 :: 2 :: plaint to amend the statement in paragraph 3 and to correct it as October 2008, instead of November 2008. The application was opposed by the defendant. A detailed counter affidavit was filed. The court below by the order dated 11.1.2011 allowed the application by a cryptic order, which reads as follows: “Heard both sides. This amendment of application is filed by the plaintiff to correct a date in the plaint. Since it is only a correction of mistake, it is allowed. No costs. Carry out amendment on today itself.” 4. The court below did not consider the objections raised by the petitioner. The objections have not been dealt with in the order. Accordingly, the order dated 11.1.2011 in I.A.No.6 of 2011 is set aside. The court below shall consider the application afresh and pass a reasoned order. It is made clear that I have not expressed any view on the merits of the application and the contentions raised by the defendant in the counter. The Original Petition is allowed as above. (K.T.SANKARAN) Judge ahz/