IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN THURSDAY, THE 13TH NOVEMBER 2008 / 22ND KARTHIKA 1930 WP(C).No. 32782 of 2008(C) -------------------------------------- O.S. No.597/2006 OF PRL.SUB COURT,IRINJALAKUDA .........------........... PETITIONERS : -------------------- 1. JOLLY, AGED 48 YEARS, S/O.KOZHIKKAPARAMBIL RAVENDRAN, CHERAI MURI, PALLIPPURAM. 2. GEETHA, AGED 44 YEARS, W/O.KOZHIKKAPARAMBIL JOLLY, CHERAI MURI, PALLIPPURAM. BY ADV. SRI.K.A.MANZOOR ALI RESPONDENT : ------------------------ NADESAN, AGED 43 YEARS, S/O.THIPARAMBIL, VELAYUDHAN, PARAKADAVU VILLAGE, KURUMASSERRY, ALUVA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P. BALACHANDRAN, J. --------------------------------------- W.P(c) No. 32782 of 2008 ------------------------------ Dated this the 13th day of November, 2008 JUDGMENT Petitioners are the defendants in O.S. No. 579 of 2006 on the file of Sub court, Irinjalakuda. The suit was decreed against them vide Exhibit P1 Judgment, whereby cost also was ordered to be paid to the plaintiff. Exhibit P2 application was filed by the petitioners praying for an order to correct the decree and judgment, prefixing word “proportionate” before the word “cost”. The effect would be that instead of petitioners being liable to pay cost in the suit to the respondent/plaintiff, their liability would be reduced to payment of proportionate cost only. It is not a relief that can be granted by such an application for correction of decree and judgment. Therefore by Exhibit P3 order, the court dismissed Exhibit P2 application and it is that order that is challenged before this court in this writ petition. There is no ground to amend the decree and the order of cost allowed to the respondent/plaintiff, being altered as “proportionate” cost. Further W.P(c) No. 32782 / 2008 2 allowing cost is in the discretion of the trial court decreeing the suit. There is no merit in the writ petition and it is dismissed. K.P. BALACHANDRAN, JUDGE scm