IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 18TH MARCH 2009 / 27TH PHALGUNA 1930 WP(C).No. 8640 of 2009(O) OS.303/2008 of MUNSIFF COURT, VAIKOM PETITIONERS: 1. JOY JOSEPH, AGED 46 YEARS, THULUSSERIL HOUSE, MUTTUCHIRA P.O., IRAVIMANGALAM KARA, MANJOOR VILLAGE, VAIKOM TALUK, KOTTAYAM DISTRICT, PIN 686 613. 2. SALOMA JOY, AGED 43 YEARS, W/O. JOY JOSEPH, THULUSSERIL HOUSE, MUTTUCHIRA P.O., IRAVIMANGALAM KARA, MANJOOR VILLAGE, VAIKOM TALUK, KOTTAYAM DIST, PIN 686 613, 3. JOEL S. JOY, AGED 10 YEARS S/O.JOY JOSEPH, THULUSSERIL HOUSE, MUTTUCHIRA P.O., IRVIMANGALAM KARA, MANJOOR VILLAGE, VAIKOM TALUK, KOTTAYAM DIST PIN 686 613. BY ADV. SRI.P.SANJAY SRI.BIJU MEENATTOOR SRI.M.MUHAMMED SHAFI SRI.J.ABHILASH RESPONDENTS: 1. JOSEPH @ OUSEPH, AGD 70 YEARS,. THUUSSERIL HOUSE, MUTTUCHIRA P.O., IRAVIMANGALAM KARA, MANJOOR VILLAGE, VAIKOM TALUK, KOTTAYAM DIST, PIN 686 613. 2. ELIYAMMA JOSEPH, AGED 65 YEARS, W/O. JOSEPH, THYULUSSERIL HOUSE, MUTTUCHIRA P.O. IRAVIMANGALAM KARA, MANJOOR VILLAGE, VAIKOM TALUK, KOTTAYAM DISTRICT, PIN 686 613. 3. BENNY JOSEPH, S/O. JOSEPH, THULUSSERIL HOUSE, MUTTUCHIRA P.O., IRAVIMANGALAM KARA, MANJOOR VILLAGE, VAIKOM TALUK, KOTTAYAM DISTRICT, PIN 686 613( NOW RESIDING AT ANUGRAHA, 23/488, MARKET ROAD, NEAR MISSION SCHOOL, THRIPUNITHURA.). THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C) NO. 8640 OF 2009 O ------------------------------------------------------ Dated this the 18th March, 2009 JUDGMENT The petitioners who are defendants in O.S.NO.303 of 2008, filed I.A.No.362 of 2009 for leave to amend the written statement. By the amendment sought to be introduced, the petitioners wanted to bring in the details regarding the compromise entered into before the Kerala Women's Commission. The court below dismissed the application holding that the matter sought to be incorporated in the written statement is only a matter for evidence and that the proposed amendment is not at all necessary for a just decision of the case. It is stated in the Writ Petition that the suit is posted to 20.3.2009 “for orders”. The Writ Petition would indicate that the suit was listed for trial and at that time the application for amendment of the written statement was filed. It cannot be said that the order passed by the court below is illegal or without jurisdiction, particularly in view of the proviso to Rule 17 of Order VI of the Code of Civil Procedure introduced by the Code of Civil Procedure Amendment Act, 2002. Since the court below has stated that the matter sought to be incorporated by way of amendment in the written statement is a matter for evidence, it would indicate that even without the amendment the petitioners can adduce evidence on that aspect. No prejudice is caused W.P.(C) NO.8640 OF 2009 :: 2 :: to the petitioners by dismissing the application for amendment of the written statement in view of the observations contained in the order passed by the court below. The Writ Petition lacks merits and it is accordingly dismissed. (K.T.SANKARAN) Judge ahz/