IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE FRIDAY, THE 11TH JANUARY 2008 / 21ST POUSHA 1929 OP.No. 29690 of 2002(H) ----------------------- PETITIONERS: --------------- 1. E.J. MANOHARLAL, S/O. LATE E. JANARDHANAN, KALATHINKUNNU AMSOM KOZHIKODE TALUK. 2. SHYLAJA MANOHARLAL, W/O. E.J. MANOHARLAL, KALATHINKUNNU AMSOM, KOZHIKODE TALUK. 3. E.M. MANOGEM, D/O. MANOHARLAL, KALATHINKUNNU AMSOM, KOZHIKODE TALUK. 4. E.M. LAGAM, D/O. MANOHARLAL, KALATHINKUNNU AMSOM, KOZHIKODE TALUK. 5. E.M. SREEGEM, D/O. MANOHARLAL, KALATHINKUNNU AMSOM, KOZHIKODE TALUK. 6. E.M. JANAHARLAL, S/O. MANOHARLAL, KALATHINKUNNU AMSOM, KOZHIKODE TALUK. BY ADV. SMT.SHERLY THOMAS RESPONDENT: --------------- E. LAKSHMI JANARDHANAN, W/O. JANARDHANAN, PANAMKANDY PARAMABA, "MANNAVI MANDIR", HOUSE NO.6/635, STATE BANK VIEW, RED CORSS ROAD, KOZHIKODE DIST. BY ADV. SRI.C.P.MOHAMMED NIAS THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 11/01/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP No. 29690 OF 2002 ORDER ON CMP NO. 50290 OF 2002 IN OP NO.29690 OF 2002 DISMISSED 11.01.2008 SD/- PIUS C. KURIAKOSE, JUDGE APPENDIX PETITIONERS' EXHIBITS: EXT.P1 : TRUE COPY OF AFFIDAVIT AND PETITION FILED BY RESPONDENT IN OS 622/99 BEFORE THE MUNSIFF COUNRT, KOZHIKODE DT.30.09.01. EXT.P2 : TRUE COPY OF AFFIDAVIT FILED BY RESPONDENT IN OS 622/99 BEFORE THE MUNSIFF COURT, KOZHIKODE, DT.19.12.02. EXT.P3 : TRUE COPY OF COUNTER STATEMENT FILED BY PETITIONERS IN IA NO.6286/01 IN OS NO.622/99 MUNSIFF COURT, KOZHIKODE DT.22.01.02. EXT.P4 : TRUE COPY OF AFFIDAVIT FILED BY RESPONDENT IN OS 622/99 OF THE MUNSIFF COURT, KOZHIKODE DT.05.09.02. EXT.P5 : PHOTOCOPY OF COUNTER AFFIDAVIT IN IA 2670/02 IN OS 622/99 OF THE MUNSIFF COURT, KOZHIKODE DT.05.09.02. EXT.P6 : TRUE COPY OF COMMON ORDER IN IA 4679/02 & IA 6286/01 IN OS 622/99 OF THE MUNSIFF COURT, KOZHIKODE DT. 12.09.02. /TRUE COPY/ PA TO JUDGE PIUS C. KURIAKOSE, J. ------------------------------- O.P. No. 29690 OF 2002 ----------------------------------- Dated this the 11th day of January, 2008 JUDGMENT Even though Smt.Sherly Thomas, counsel for the petitioner would assail the impugned order, Ext.P6 tooth and nail, I am not persuaded to hold that the order is vitiated and that too to the extent of warranting corrections under the supervisory jurisdiction of this court, which is invoked only in exceptional circumstances. The respondent plaintiff ought to have carried out the amendment on or before 18.12.01. As rightly found by the learned Munsiff, due to some omission on the part of the counsel(more probably, on the part of the clerk of the counsel), the amendment could not be carried out on time. The learned Munsiff under the impugned order has permitted the respondents to carry out the amendment by imposing cost. Even as I hold that the learned Munsiff was justified in allowing the application filed by the respondent, I feel that the cost could have been determined at Rs.1,000/-. Therefore, even as I do not find any warrant for invoking the extraordinary jurisdiction under Article 227, Ext.P6 will stand modified to the extent of holding that Ext.P6 will become operative only if the respondent pays to the petitioner within a OP No. 29690 of 2002 2 period of one month from today a further amount of Rs.500/- by way of cost either directly to the petitioners or through their counsel in this court. PIUS C. KURIAKOSE, JUDGE btt OP No. 29690 of 2002 3