IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 13TH OCTOBER 2009 / 21ST ASWINA 1931 WP(C).No. 30336 of 2008(J) ------------------------------------- OS.309/2005 of MUNSIFF COURT, KARUNAGAPPALLY .................... PETITIONER(S): ------------------------ SAVITHRI,D/O KUNJUPENNU, PULLIYIL VEEDU, PULIYRVANCHI NORTH, KARUNAGAPPALLY. BY ADV. MR.N.K.SUBRAMANIAN RESPONDENT(S): -------------------------- 1. BHASMATH SUBRAMANYA SWAMI KSHETHRAM, PULLIYURVANCHI NORTH, THODIYUR VILLAGE, REPRESENTED BY. 2. K.SADANANDAN, TREASURER OF DO. KSHETHRA BHARANA SAMITHI, RESIDING AT KAVUMKADAVU VEEDU, PULIYURVANCHI NORTH, THODIYUR VILLAGE, KARUNAGAPPALY, 3. PULLIYUR (APPICHETHU), SREE BHAGAVATHY TEMPLE, THODIYUR VILLAGE, KARUNAGAPPALLY. 4. RAJESH, SECRETARY, PULLIYUR (APPICHETHU) SREE BHAGAVATHY TEMPLE, RESIDING AT DWARAKA DO..... 5. THANKAPPAN, PRESIDENT, PULIYUR (APPICHETHU), SREEBHAGAVATHY TEMPLE, RESIDING AT MADATHILAYATHU, KADATHOOR THAZHAVA VILLAGE, KARUNAGAPPLLY. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.30336/2008 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE ORDER IN IA. 308/08 DTD. 18.8.05. P2:- COPY OF THE ORDER IN IA. 309/08 DTD. 18.8.05. P3:- COPY OF THE PLAINT IN OS. 309/05 DTD. 16.6.05. P4:- COPY OF THE ORDER WRITTEN STATEMENT DT. 28.7.05. P5:- COPY OF THE COMMISSION REPORT IN OS. 309/05. P6:- COPY OF THE COMMISSION REPORT IN OS. 309/05. P7:- COPY OF THE OBJECTION TO THE REPORT DTD.29.1.08. P8:- COPY OF THE ORDER IN IA. 308/08 DT. 19.2.08. P9:- COPY OF THE OBJECTION IN IA. 308/08 DT. 7.3.08. P10:- COPY OF THE IA. 309/08 DTD. 19.2.08. P11:- COPY OF THE OBJECTION IN IA. 309/08 DT. 7.3.08. TRUE COPY P.A. TO JUDGE tss S.S.SATHEESACHANDRAN, J. ----------------------------- W.P.(C).No.30336 OF 2008 -------------------------- Dated this the 13th day of October 2009 ------------------------------------- JUDGMENT Petitioner is the 4th defendant in O.S No.309 of 2005 on the file of Munsiff Court, Karunagapally. The challenge raised in the writ petition is against Ext.P1 and P2 orders passed by the learned Munsiff. Applications moved by the plaintiffs who are the respondents 1 and 2 in the present writ petition for amendment of the plaint and impleadment of an additional defendant were allowed by the learned Munsiff recording that no objections were filed by the defendants. Ext.P10 is the order passed in the amendment application and Ext.P2, in the application for impleadment of additional defendant. Petitioner, 4th defendant contends that he had filed objections to both the applications and, without adverting to them, Exts.P1 and P2 orders have been passed. W.P.(C).No.30336 OF 2009 Page numbers 2. Through registry, it was ascertained whether objections had been filed by the 4th defendant to the amendment and impleadment applications. It is reported that, before consideration of those applications, the 4th defendant had in fact filed objections. Statement recorded in the orders that no objections were filed are not correct. But so far as Ext.P2 order is concerned, allowing impleadment of an additional defendant in the suit, from the submissions made and perusal of the records, it is seen that, such impleadment was ordered on the basis of the contentions raised by the 4th defendant in his written statement. That being so vacating Ext.P2 order, though the reason stated as to nonfiling of counter by the 4th defendant is not correct, in the given facts of the case is not warranted. But, with respect to the amendment W.P.(C).No.30336 OF 2009 Page numbers application moved by the plaintiffs, which was allowed by Ext.P1 order, I find that the merit of the amendment has to be considered with reference to the objections canvassed by the 4th defendant. Setting aside Ext.P1 order, I direct the court below to pass orders on the amendment application moved after hearing both sides. Writ petition is disposed as indicated above. Sd/- S.S.SATHEESACHANDRAN, JUDGE //TRUE COPY// P.A TO JUDGE vdv