IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 30TH SEPTEMBER 2009 / 8TH ASWINA 1931 WP(C).No. 34890 of 2008(C) -------------------------- OS.132/2000 of MUNSIFF COURT, RANNI .................... PETITIONER(S): ------------------------- DR.E.N.NARAYANA PILLAI, ANANDA HOMOEO HOSPITAL, PAZHAVANGADI, RANNI, PATHANAMTHITTA. BY ADV. MR.JACOB P.ALEX RESPONDENT(S): --------------------------- ABRAHAM.P.THOMAS, PALANILKUNNATHIL, EETTICHUVADU P.O., ANGADY MURI & VILLAGE, RANNI, PATHANAMTHITTA. BY ADVS. MR.P.B.ASOKAN, MR.SHERRY J. THOMAS. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/09/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.34890/2008 C APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF O.S.NO.132 OF 2000 ON THE FILE OF MUNSIFF'S COURT, RANNI. P2: COPY OF THE WRITTEN STATEMENT FILED BY THE PETITIONER IN O.S. NO.132 OF 2000 ON THE FILE OF MUNSIFF'S COURT, RANNI. P3: COPY OF THE AMENDMENT APPLICATION NUMBERED AS I.A.NO.1487 OF 2008 IN O.S.NO.132 OF 2000. P4: COPY OF THE OBJECTION FILED IN EXHIBIT P3 APPLICATION. P5: COPY OF THE ORDER DTD. 10/11/2008 IN I.A.NO.1487 OF 2008 IN O.S.NO.132 OF 2000 OF MUNSIFF'S COURT, RANNI REJECTING EXHIBIT P3 AMENDMENT APPLICATION. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss S.S.SATHEESACHANDRAN, J. ----------------------------- W.P.(C).No.34890 OF 2008 -------------------------- Dated this the 30th day of September 2009 ------------------------------------- JUDGMENT Petitioner is the defendant in O.S No.132 of 2000 on the file of the Munsiff Court, Ranni. Suit is one for money based on a cheque. Suit was once decreed after trial in favour of the respondent/plaintiff. In the appeal, the decree passed by the trial court was reversed with direction to the trial court consider an application for amendment moved by the petitioner/ defendant to correct the year stated in his written statement regarding the handing over of the cheque. After such remission, the trial proceeded after allowing the amendment application filed by the defendant. Later, the plaintiff produced his passport details to show that during the relevant W.P.(C).No.34890 OF 2008 Page numbers period canvassed by the amended written statement, he was outside India. Defendant thereupon moved another application for amendment of the written statement to canvass, the cheque was handed over in a different ywar. The trial court dismissed that application vide Ext.P5 order. Propriety and correctness of Ext.P5 order is challenged in the writ petition invoking the supervisory jurisdiction vested with this court under Article 227 of the Constitution of India. 2. I heard the counsel on both sides. The learned counsel for the petitioner submitted that while passing Ext.P5 order, court below has adverted to the merits of the case also and it may affect the decision of the suit on its merits. Further more, it is submitted by the counsel that when an amendment application is considered, the merit of the amendment sought for is not to be looked into, but the court has meticulously gone to that question as well. After going through Ext.P5 W.P.(C).No.34890 OF 2008 Page numbers order with reference to the submissions made by the counsel on both sides and also other exhibits tendered in the writ petition, I find no impropriety or illegality in Ext.P5 order warranting interference in exercise of visitorial jurisdiction vested with this court. However, having regard to the apprehension raised by the learned counsel for the petitioner, I direct the court below to dispose the suit untrammelled by any of the observations made in Ext.P5 order. The court below shall dispose the suit as expeditiously as possible at any rate before the closing of the courts for Christmas vacation. Hand over a copy of the judgment to the counsel on both sides on usual terms and send a copy to the court concerned forthwith. Subject to the above directions the writ petition is disposed. Sd/- S.S.SATHEESACHANDRAN, JUDGE //TRUE COPY// P.A TO JUDGE vdv