IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 18TH JULY 2008 / 27TH ASHADHA 1930 WP(C).No. 21629 of 2008(Y) -------------------------------------- OS.490/2004 of MUNSIFF COURT,KAYAMKULAM .................... PETITIONER : ------------------- PUSHPANGADAN, PUSHPANJALY, PRAYAR VADAKKU MURI, PUTHUPALLY VILLAGE. BY ADV. SRI.S.MOHANAN RESPONDENTS : ---------------------- JAGADEESH, PERUMPRAMUTTATHU VEETIL, PRAYAR VADAKKU MURI, PUTHUPPALLY VILLAGE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: pac M. SASIDHARAN NAMBIAR, J. ------------------------------------------ W.P(C). NO. 21629 OF 2008 ------------------------------------------ Dated this the 18th day of July, 2008 JUDGMENT Petitioner is the plaintiff in O.S. 490 of 2004 on the file of Munsiff Court, Kayamkulam. This petition is filed under Article 227 of Constitution of India challenging Ext.P1 order passed by the Munsiff in I.A. 1358 of 2008 in O.S.490 of 2004 dismissing an application filed under Rule 17 of Order VI of the Code of Civil Procedure. The amendment sought for is to incorporate a sentence in the plaint to the effect that the way granted by the petitioner to the respondent is inclusive of the “pitching portion” on the south of the thodu. Learned Munsiff dismissed the application holding that petitioner did not raise such a contention in the earlier pleading or in the written statement filed in answer to the counter claim filed by respondent. Argument of the learned counsel for petitioner is that in the written statement filed to the counter it has been specifically pleaded. If that be the case there is no necessity to amend the plaint as sought for as there is necessary pleading. In any case I do not find any illegality or irregularity in the order warranting WPC21629/08 2 interference in the exercise of of this Court under Article 227 of Constitution of India. Writ petition is dismissed. M. SASIDHARAN NAMBIAR, JUDGE Okb/-