IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 13TH OCTOBER 2008 / 21ST ASWINA 1930 WP(C).No. 29913 of 2008(J) -------------------------- AGAINST THE ORDER IN IA.2479/2008 IN OS.185/2007 of PRL.M.C., KOTTAYAM .................... PETITIONER: --------------------- STATE BANK OF INDIA, KOTTAYAM BRANCH, KOTTAYAM, REPRESENTED BY CHIEF MANAGER. BY ADV. SRI.P.V.SURENDRANATH RESPONDENT: ----------------------- HDFC BANK LTD, UNITY BUILDINGS, K.K.ROAD, KOTTAYAM, REPRESENTED BY ITS BRANCH MANAGER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/10/2008 ALONG WITH WPC.NO.29807 OF 2008 AND WPC.NO. 29903 OF 2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N. KRISHNAN, J -------------------------- W.P.(C) No.29913 OF 2008 -------------------------------------- Dated this the 13th day of October, 2008 J U D G M E N T This Writ Petition is filed to set aside Ext. P4 order passed in I.A. 2479/2008 in O.S. 185/2007. It was an application filed by the plaintiff for amendment of the plaint. When the suit was posted for trial I am informed that the court below dismissed the amendment application as well as the suit itself and an application for restoration of the suit is pending before the concerned court. Since the suit has been disposed of it may not be proper to give any direction in the application. Therefore when the suit is restored liberty is given to the plaintiff to file fresh amendment application and it shall be considered sympathetically by the court and appropriate orders be passed. In all cases amendment applications need not be dismissed just because it is filed on the eve of trial for the reason that if there is sufficient reason the proviso itself permits such an application. Writ Petition is disposed of accordingly. M.N. KRISHNAN, JUDGE vkm