IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 29TH FEBRUARY 2008 / 10TH PHALGUNA 1929 WP(C).No. 7041 of 2008(L) ------------------------- OS.405/2006 of MUNSIFF COURT,KAYAMKULAM .................... PETITIONER: ------------ O. ACHUTHAN, KUTTITHOPPIL VEEDU, PUNNAMOODU, PONAKAM MURI, MAVELIKKARA VILLAGE. BY ADV. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SRI.A.R.DILEEP SMT.KAVITHA GANGADHARAN RESPONDENTS: ------------- K. RAVIKUMAR, KOLLAKASSERIL HOUSE, CHERAVALLY MURI, KAYAMKULAM P.O., ALAPPUZHA DISTRICT. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN,J. ========================= W.P.(C) NO. 7041 OF 2008 ========================= Dated this the 29th day of February 2008 JUDGMENT This writ petition is preferred with a prayer to give direction to the Munsiff, Kayamkulam to consider and pass orders in I.A.162/2007 in O.S.405/2006 before further proceeding with the trial of the suit. Ext.P2 is the said application. A perusal of Ext.P2 affidavit will reveal that the 9th defendant is raising a question of pecuniary jurisdiction and his another prayer is to get a properly translated copy of the plaint. So far as the issue regarding pecuniary jurisdiction is concerned, it is for the court to consider whether such an issue arises out of the pleadings in the case and if it is so, the court has to bestow its attention to that issue for the reason it will be affect the very jurisdiction to entertain the case. So I do not want to go into the merits of the case. Therefore I direct the Court below to consider I.A.162/2007 in O.S.405/2006, as expeditiously as possible, and pass orders before attempting to proceed with the trial of the suit. The writ petition is disposed of accordingly. M.N.KRISHNAN, JUDGE css/