IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 11TH FEBRUARY 2008 / 22ND MAGHA 1929 WP(C).No. 4907 of 2008(H) ------------------------- O.S.NO.3/07 OF THE SUB COURT, VATAKARA PETITIONER: ------------ DR.K.PREMANANDAN , NOW AT SOUDI ARABIA KUNHIPURAYIL HOUSE, MUTTUNGAL WEST P.O, MUTTUNGAL AMSOM DESOM, REPRESENTED BY POWER OF ATTORNEY HOLDER E.M.SHEELA, W/O.DR.K.PREMANANDAN HOUSE WIFE, EDAY MADATHIL HOUSE, CHERUVANNUR KOYILANDY. BY ADV. SRI.MOHANAN V.T.K. SRI.P.NARAYANAN RESPONDENTS: ------------- 1. SOCIAL SECURITY SCHEME I.M.A. KERALA BRANCH, SCHEILA CLINIC, MANANTHAVADY, REPRESENTED BY ITS SECRETARY, DR.V.SAM WILLIAM SHEILA CLINIC, MANANTODY, WAYANAD DISTRICT. 2. DR.KRISHNA VARIER, 30/2241, NANDAVANAM, KOVOOR, CHEVAYUR PO, CHEVAYUR AMSOM DESOM, KOZHIKODE TALUK. 3. DR.K.J.JAIMES, MARIAM MEDICAL CENTRE ARUNGAPURAM PALA, KOTTAYAM DISTRICT MEENACHIL TALUK. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. --------------------------- W.P.(C) No.4907 OF 2008 -------------------------- Dated this the 11th day of February, 2008 J U D G M E N T ~~~~~~~~~~~ This writ petition is filed with a prayer to quash the order made in I.A.No.646/04 in O.S.No.3/2003 and also the order made in I.A.No.1121/04 of the same court. By order in I.A.No.646/2004, the court found that it cannot decide the five issues sought to be decided as a preliminary issue on the ground that it involves facts as well as questions of law. By virtue of the amendment to the Civil Procedure Code, the Parliament has made it very clear that it can be decided only on a pure question of law. If it is a mixed question of fact and law it need not be taken for hearing as a preliminary issue. The learned Subordinate Judge found that the five issues involve factual analysis for arriving at a decision on the questions of law mooted before it. Therefore, the said court has exercised its discretion in relegating the said issues to be tried along with the suit. I have gone through the order of the learned Subordinate Judge and the issues framed and there appears to be considerable force in what the learned Subordinate Judge has stated. In the W.P.(C) No.4907/2008 2 light of the specific amendment giving the discretionary power to the Trial court to decide the said factum, I do not want to interfere with the said decision. 2. The next question is regarding the impleadment of the Indian Medical Association as a party. This is a case where the affairs of the Indian Medical Association is also to be considered for the reason, it is under that shade the litigation is being formed. Therefore, the junction of the Indian Medical Association is really necessary and therefore, I cannot find fault with the said finding also. Therefore, the writ petition lacks merits and is dismissed. But I make it clear that the parties are entitled to let in evidence on all matters which they want and since it is concerning the administration of the Association the court below shall bestow its attention to try and dispose of the matter, as expeditiously as possible. Needless to say the five issues raised on mixed question of law and fact be considered along with other issued after permitting parties to adduce evidence in the case. (M.N.KRISHNAN, JUDGE) ps