IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 22ND OCTOBER 2008 / 30TH ASWINA 1930 WP(C).No. 31021 of 2008(R) ---------------------------------- OS.4/1986 of II ADDL. DISTRICT COURT, TRIVANDRUM .................... PETITIONER : ---------------- AJITHKUMAR JESTUS, AGED 42 YEARS, S/O.JESTUS SARASAM, VALIYAVILA PUTHEN VEEDU, KAVALAKKULAM DESOM, NEYYATTINKARA. BY ADV. SRI.D.SAJEEV RESPONDENTS : ------------------- 1. JESTUS SARASAM, S/O.MANUAL SARASAM, VALIYAVILAKATHU PUTHEN VEEDU, KAVALAKULAM, NEYYATTINKARA. 2. NESAMMAL JESSI, CHENGAZHASSERI VILLAGE, THAMPANOOR, THIRUVANANTHAPURAM. 3. NESAMMAL JAIMCY, SMARANALLOOR VILLAGE, KOOVALASSERI MURI, PUTHUVAL VEEDU, SMOOLAKKONAM, THIRUVANANTHAPURAM. 4. NESAMMAL JOYEES, TC 14/354, CHENGAZHASSERI VILLAGE, PALAYAM, THIRUVANANTHAPURAM. 5. NESAMMAL JAYABI SARASAM, RESIDING AT JAYABHAVAN, MARANALLOOR VILLAGE, NARUVAMOODU, THIRUVANANTHAPURAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P. JOSEPH, J. ------------------------------ W.P(c) No.31021 of 2008 ------------------------------ Dated this the 22nd day of October, 2008 JUDGMENT Heard counsel for the petitioner. His grievance is that though application for impleading (I.A. No.2680 of 2008 in O.S. No.4 of 1986 of the Second Additional District Court, Thiruvananthapuram) was filed, learned Second Addl. District Judge dismissed that application without giving an opportunity to cure the defects . It is seen from Exhibit P3 that the application (Exhibit P2) was dismissed for the reason that the persons sought to be impleaded as additional respondents were not made parties in Exhibit P2, application and that they were not made co-respondents in the application. The application was dismissed as it was not in compliance with Rule 39 and Form No.13 of the Civil Rules of Practice. Exhibit P3 does not foreclose the right of the petitioner to file proper application. As such, no interference is called for. This writ petition is therefore, dismissed. THOMAS P. JOSEPH, JUDGE scm