IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 8TH NOVEMBER 2010 / 17TH KARTHIKA 1932 WP(C).No. 18531 of 2009(O) --------------------------------------- [I.A. NO.4111/2007 IN OS.NO.608/1999 OF I ADDITIONAL SUB COURT, THRISSUR] .................... PETITIONER: ------------------- BRIGHT CREDITS AND REAL ESTATES PVT LTD. BRIGHT TOWERS, THRISSUR, REPRESENTED BY ITS CHAIRMAN. BY ADVS. SRI.K.A.SREEJITH, SRI.JOS MECHERY. RESPONDENTS: ------------------------ 1. T.K.GANGAN MENON S/O LATE P.K.R.MENON, THERAMPATTIL HOUSE, CHALAPURAM, KOZHIKODE. 2. K.JAYARAJ, S/O VELAYUDHAN NAIR, 'USHAS', VILVATTAM, THRISSUR. 3. K.T.KUMARI, W/O PROF.K.P.T.NAIR, 'USHAS', VILVATTAM, THRISSUR. R1 BY ADVS. SRI.K.RAMACHANDRAN, SRI.S.SREEDEV, R3 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/11/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.18531/2009-O: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE PLAINT OF O.S. 608/99 OF THE SUB COURT, THRISSUR. EXT.P.2: COPY OF THE WRITTEN STATEMENT OF R1 IN O.S. 608/99 IN THE FILES OF SUB COURT, THRISSUR. EXT.P.3: COPY OF THE WRITTEN STATEMENT OF R3 IN O.S. 608/99 OF THE SUB COURT, THRISSUR. EXT.P.4: COPY OF THE JUDGEMENT IN W.P.(C).22442/05 REPORTED IN 2007 (3) KLT P 878. EXT.P.5: COPY OF THE I.A. 4111/07 IN O.S. 608/99 OF THE SUB COURT, THRISSUR. EXT.P.6: COPY OF THE OBJECTION FILED BY THE PETITIONER TO I.A. 4111/07. EXT.P.7: COPY OF THE ORDER IN I.A. 4111/07 IN O.S. 608/99 OF THE SUB COURT, THRISSUR. RESPONDENTS' EXHIBITS: EXT.R1.A: COPY OF THE I.A. NO.1933/03 IN O.S. 275/02 BEFORE THE SUB COURT, KOZHIKODE FILED BY THE R.1. HEREIN DTD. 18/06/2003. EXT.R1.B: COPY OF THE AFFIDAVIT DTD. 15/01/2010 SUBMITTED BY THE MANAGER OF THE PETITIONER COMPANY, IN O.S. 275/02 BEFORE THE SUB COURT, KOZHIKODE. EXT.R1.C: COPY OF THE TELEGRAM DTD.06/04/2008 SENT TO THE MANAGER OF THE PETITIONER COMPANY. //TRUE COPY// P.S. TO JUDGE. Prv. HARUN-UL-RASHID,J. ------------------------------- W.P.(C). NO.18531 OF 2009 ------------------------------- DATED THIS THE 8TH DAY OF NOVEMBER, 2010 JUDGMENT Plaintiff in O.S.No.608/99 on the file of the Sub Court, Thrissur is the petitioner herein. The suit was filed for recovery of the amounts on the basis of a promissory note. Respondents, who are the defendants in the suit, contested the suit. The lst defendant in the suit filed I.A.No.4111/07 for amendment of the written statement. The amendment sought for was opposed by the plaintiff. After considering the contentions raised by the parties, the court below on facts found that the proposed pleadings sought to be inserted by way of amendment are absolutely necessary for a proper disposal of the dispute involved in the suit. The court below also held that even if the petition is allowed, it will not change the pleadings and the prayer originally set up by the petitioner and no prejudice will be caused to the plaintiff. The court below further held that the proposed amendment will not change the nature and -2- WP(C).No.18531/2009 character of the suit and is necessary for the right determination of the real dispute between the parties. I have gone through the impugned order passed by the court below. I agree with the conclusions of the court below that the amendment is necessary for the proper adjudication of the dispute between the parties. I find that no valid grounds are made out for interference by this Court in a petition filed under Article 227 of the Constitution of India. Writ Petition fails and accordingly dismissed. Since the suit is of the year1999, the Sub Court, Thrissur shall hear and dispose of the suit within a period of six months from the date of receipt of the copy of this judgment. HARUN-UL-RASHID, Judge. kcv.