IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 6TH JULY 2009 / 15TH ASHADHA 1931 WP(C).No. 7667 of 2009(O) ----------------------------------- OS.78/2004 of ADDL.SUB COURT,KOTTAYAM .................... PETITIONER: ------------------ JOSEPH, S/O. CHACKO, MANGARA HOUSE, CHEMPILAVU KARA, KIDANGOOR VILLAGE, MEENACHIL TALUK, KOTTAYAM DISTRICT. BY ADV. SRI.T.J.MICHAEL RESPONDENT: -------------------- DHARMARAJAN, W/O. SREEDHARAN, PATTASSERIL HOUSE, KATTACHIRA KARA, ETTUMANOOR VILLAGE, KOTTAYAM DISTRICT. R1 BY ADV. SRI.RAJEEV V.KURUP SRI.ALEX.M.SCARIA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 7667/2009 PETITIONER'S EXHIBITS : EXT.P1 COPY OF THE PROMISSORY NOTE EXECUTED BY PETITIONER IN FAVOUR OF RESPONDENT ON 13-7-2003. EXT.P2 COPY OF THE PLAINT IN OS.78/04 ON THE FILES OF ADDL.SUB COURT, KOTTAYAM DT. 16-2-2004. EXT.P3 COPY OF THE WRITTEN STATEMENT FILED BY DEFENDANT IN OS.78/04 DT. 15-5-04. EXT.P4 COPY OF THE PETITION IN IA.238/08 IN OS.78/04 DT. 24-1-08. EXT.P5 COPY OF THE COUNTER AFFIDAVIT FILED BY RESPONDENT/DEFENDANT DT. NIL. EXT.P6 COPY OF THE ORDER IN IA.283/08 IN OS.78/04 DT. 15-11-2008. RESPONDENTS' EXHIBITS : NIL / TRUE COPY / PA TO JUDGE. S.S. SATHEESACHANDRAN, J. ```````````````````````````````````````````````````` W.P.(C) No. 7667 OF 2009 O ```````````````````````````````````````````````````` Dated this the 6th day of July, 2009 J U D G M E N T Petitioner is the defendant in OS.No.78/04 on the file of the Additional Sub Court, Kottayam. Respondent is the plaintiff in the suit. Suit is one for recovery of money on the basis of a promissory note. Later, the respondent plaintiff moved an amendment application to set up a case for refund of money on the basis of original cause of action. Ext.P4 is the copy of the amendment application which was objected to by the defendant filing Ext.P5 objection. The learned Additional Sub Judge allowed the application by Ext.P6 order. Impeaching the correctness and propriety of Ext.P6 order, writ petition has been filed invoking the supervisory jurisdiction vested with this court under Article 227 of the Constitution of India. 2. Notice was issued to the respondent but after service he has not entered appearance. I heard the learned counsel for the petitioner. Perusing Ext.P6 order, it is seen the learned Additional Sub Judge has not adverted to the reasons set out by WPC.7667/09 : 2 : the plaintiff for seeking the amendment nor the objections raised by the defendant contending that it is not allowable. Ext.P6 is a nonspeaking order. I am not expressing any opinion on the merits of the amendment application which the Additional Sub Judge has to examine afresh in the light of the legal principles applicable. Setting aside Ext.P6 order, the learned Additional Sub Judge is directed to re-examine the amendment sought for by the plaintiff taking note of the objections raised by the defendant in accordance with law. Writ petition is disposed as above. Sd/- (S.S. SATHEESACHANDRAN, JUDGE) aks // True Copy // P.A. to Judge