IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 28TH MAY 2010 / 7TH JYAISHTA 1932 WP(C).No. 8374 of 2010(O) ------------------------- IA NO.7837/2008 IN OS.617/2007 of PRINCIPAL SUB COURT,THRISSUR .................... PETITIONER(S): --------------- RAPHY,AGED 35 YEARS, S/O.KALLIYATH THOMAS, KURIACHIRA DESOM, CHIYYARAM VILLAGE, THRISSUR TALUK. BY ADV. SRI.RAJIT SRI.RANJIT BABU RESPONDENT(S): --------------- 1. REMANI,W/O.KALAKADATHIL VELAYUDHAN, AVINISSERY VILLAGE,DESOM,THRISSUR TALUK. 2. SURESH BABU,S/O.KALAKADATHIL VELAYUDHAN, VALLACHIRA VILLAGE, DESOM,THRISSUR TALUK. 3. SUNIL JOSEPH,S/O.CHITTILAPPILLY VARGHESE,PARAPPUR DESOM,THOLUR VILLAGE, THIRUSSUR TALUK. ADV. SRI.C.A.ANOOP FOR R1 SRI.G.SREEKUMAR (CHELUR) FOR R3 SRI.K.RAVI (PARIYARATH) FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO.8374/2010 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE PLAINT IN OS 617/2007 FILED BY THE PETITIONER BEFORE THE SUB COURT, THRISSUR EXT.P2 TRUE COPY OF THE WRITTEN STATEMENT IN OS 617/2007 FILED BY RESPONDENT NOS 1 AND 2 EXT.P3 TRUE COPY OF APPLICATION FOR JOINT TRIAL IA NO.,7837/2008 IN OS 617/2007 OF THE PRINCIPAL SUB COURT, THRISSUR EXT.P4 TRUE COPY OF COUNTER FILED TO IA NO.7837/2008 IN OS 617/2007 OF THE PRINCIPAL SUB COURT, THRISSUR EXT.P5 TRUE COPY OF ORDER DATED 11.1.2010 IN IA NO.7837/2008 IN OS 617/2007 OF THE PRINCIPAL SUB COURT, THRISSUR //TRUE COPY// THOMAS P. JOSEPH, J. -------------------------------------- W.P.(C) No.8374 of 2010 -------------------------------------- Dated this the 28th day of May, 2010. JUDGMENT This Writ Petition is preferred against Ext.P5, order dated 11.01.2010 on I.A.No.7837 of 2008 in O.S.No.617 of 2007 of the court of learned Principal Sub Judge, Thrissur ordering joint trial of that suit with O.S.No.1281 of 2008 of the same court. Petitioner filed O.S.No.617 of 2007 seeking a decree for specific performance of an agreement for sale in his favour executed by respondent Nos.1 and 2. Respondent Nos.1 and 2 while admitting execution of the agreement for sale and receipt of advance money contended that breach of the contract was on the part of petitioner and that for realisation of the advance money, petitioner forcibly obtained signed blank cheques. Respondent No.3 in this Writ Petition filed O.S.No.1281 of 2008 against respondent No.1 (defendant No.1 in O.S.No.617 of 2007) for realisation of money based on a cheque. There, respondent No.1 has raised a contention that the cheque forcibly obtained by petitioner (as contended in O.S.No.617 of 2007) has been misused by respondent No.3 to institute O.S.No.1281 of 2008. Application for joint trial (I.A.No.7837 of 2008) was allowed. Learned Principal Sub Judge passed the following order “Joint trial petition is allowed. No costs”. WP(C) No.8374/2010 2 Learned counsel for petitioner submits that there is nothing common between the parties in the suits and that petitioner is neither a party nor interested in the result of O.S.No.1281 of 2008. According to the learned counsel for respondents, joint trial of the suit is required to prove the contention raised by respondent No.1 in both the cases as to the petitioner obtaining signed blank cheque forcibly and to avoid divergent finding on that question. 2. I do not propose to pronounce verdict on the question whether these suits are required to be jointly tried, on the respective contentions raised by the parties. It is seen from the order under challenge that it is not a speaking order. Learned Principal Sub Judge has not considered whether joint trial of the two suits in the light of the above facts and circumstances was necessary. Learned Principal Sub Judge has to consider the respective contentions and decide whether joint trial of the two suits is necessary and whether in the absence of a joint trial there is possibility of conflicting decisions on any point in controversy in the suits. Resultantly this Writ Petition is allowed. Order under challenge is set aside. Learned Principal Sub Judge, Thrissur shall consider I.A.No.7837 of 2008 in the light of the contentions raised by the parties and pass appropriate orders. THOMAS P.JOSEPH, Judge.