IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 17TH AUGUST 2009 / 26TH SRAVANA 1931 WP(C).No. 18648 of 2009(O) --------------------------------------- OS.321/2005 of MUNSIFF COURT, CHALAKUDY .................... PETITIONER(S): ---------------------- MALATHYAMMA,AGED 60, W/O.ILAYEDATH LATE GOPALA MENON, POOLANI DESOM, MELOOR VILLAGE,MUKUNDAPURAM TALUK. BY ADV. MR.G.SREEKUMAR (CHELUR) MR.K.RAVI (PARIYARATH) RESPONDENT(S): ------------------------ VIMALA,W/O.MANGALATH VEETTIL PRABHAKARAN,POOLANI DESOM,MELOOR VILLAGE, MUKUNDAPURAM TALUK. BY ADV. MR.K.G.BALASUBRAMANIAN. MR.C.B.SWAMINATHAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 18648/2009-O APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE PLAINT IN O.S. NO.321/2005 DATED 30/07/2008 ON THE FILE OF THE MUNSIFF COURT, CHALAKUDY. EXT.P2: COPY OF THE APPLICATION I.A.2325/2008 IN O.S.321/2005 DATED 19/12/2008 ON THE FILE OF THE MUNSIFF COURT, CHALAKUDY. EXT.P3: COPY OF THE OBJECTIONS SUBMITTED BY THE RESPONDENT HEREIN DATED 09/01/2009. EXT.P4: COPY OF THE ORDER PASSED IN I.A.2325/2008 IN OS.321/2005 DATED 16/02/2009 ON THE FILE OF THE MUNSIFF COURT, CHALAKUDY. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE rs. S.S.SATHEESACHANDRAN, J. ----------------------------------- W.P.(C).No.18648 of 2009 - O --------------------------------- Dated this the 17th day of August, 2009 JUDGMENT The writ petition is filed seeking the following reliefs: “i) To call for the records leading to Ext.P4 and may be pleased to set aside the same. ii) To issue an appropriate writ, order or direction commanding the learned Munsiff to permit the amendment as sought for in Ext.P2.” 2. Petitioner is the plaintiff in O.S.No.321 of 2005 on the file of the Munsiff Court, Chalakudy and the respondents are the defendants in the suit. Suit is one for recovery of possession and mandatory injunction. Plaint as presented by the plaintiff showed a valuation of Rs.1,000/- for the property sought to be recovered and Rs.500/- for claiming the decree of mandatory injunction. Later, plaintiff moved an application for amending valuation of the property sought to be recovered at Rs. 1 Lakh and consequential amendments in relation to court fee payable were also canvassed. The court below allowed that application. Admittedly, the trial proceeded and after recording of the entire evidence it was brought to the notice of the court that the W.P.(C).No.18648 of 2009 - O 2 valuation shown in the amended plaint exceeded its pecuniary jurisdiction by Rs.500/-. At that stage, plaintiff moved another amendment application to reduce the suit claim to Rs.90,000/- which was strongly objected to by the respondents. Learned Munsiff accepting the objections raised by the respondents that once an amendment had been allowed by which the pecuniary jurisdiction of the court to entertain the suit was ousted it cannot entertain any subsequent application, dismissed the application vide P4 order. Propriety and correctness of P4 order is challenged in this writ petition invoking the supervisory jurisdiction vested with this Court under Article 227 of the Constitution of India. 3. I heard the counsel on both sides. 4. Learned counsel for the petitioner/plaintiff submitted that by mistake the valuation of an amount of Rs.1 Lakh was shown when an amendment was sought earlier and later realising that such valuation would take away the suit from the pecuniary jurisdiction prescribed for the court, an application was moved to correct the valuation. Since the entire evidence is recorded with trial practically over returning of the plaint at this stage for W.P.(C).No.18648 of 2009 - O 3 presentation before another competent forum solely on the basis of the valuation shown, it is submitted by the counsel, would cause great injustice to the plaintiffs. On the other hand, learned counsel for the respondents relying on T.K.Sreedharan v. P.S.Job (1968 KLT 479) contended there is no impropriety and illegality in P4 order passed by the learned Munsiff as suit valuation exceeded, in view of the pecuniary jurisdiction fixed the learned Munsiff could not have entertained the application for amendment to reduce the valuation. So much so no interference with P4 order is warranted, submits the counsel. After going through P4 order in the light of the submissions made by the counsel on both sides and more particularly with reference to judicial pronouncement relied by the learned counsel for the respondents it has to be pointed out that procedures are intended to regulate the administration of justice and it cannot be given decisive effect to deny justice. Procedures are intended to be handmaids of justice. It cannot be disputed for a moment that the plaintiff could have moved an application for review to correct the valuation rather than moving an application for a subsequent amendment of the pleadings. The entire evidence in the case W.P.(C).No.18648 of 2009 - O 4 had already been recorded and what remains is only a disposal of the suit, after hearing the counsel on both sides. I find technical objections as canvassed would only prolong and protract the litigation which may workout against the ends of justice. No serious dispute was raised before me as regards valuation of the property which is sought to be reduced as Rs.90,000/- by amending the value shown as Rs. 1 Lakh which was carried out in the plaint by earlier amendment. So much so, setting aside P4 order the proposed amendment sought for by the plaintiff vide P2 application is allowed and the learned Munsiff is directed to permit the plaintiff to carry out the amendment in the plaint. Defendant shall be given an opportunity to file additional written statement, if any. Once the amendment is carried out, the learned Munsiff is directed to dispose the suit as expeditiously as possible, at any rate within a period of three months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. S.S.SATHEESACHANDRAN, JUDGE. bkn/-