IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 15TH JULY 2008 / 24TH ASHADHA 1930 WP(C).No. 21324 of 2008(L) -------------------------- AGAINST THE ORDER IN IA 1363/07 IN OS.50/2004 of PRINCIPAL SUB COURT,ATTINGAL .................... PETITIONER: ------------ RAFEECA, W/O.M.ABDUL RASHEED PARTNER, M/S.K.V.OIL MILLS KONNAVILAKOM, MADANVILA, PERUMATHURA P.O., THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.G.SUDHEER RESPONDENTS: ------------- STATE BANK OF TRAVANCORE REPRESENTED BY ITS BRANCH MANAGER PUTHUKURUCHI BRANCH THIRUVANANTHAPURAM. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. ------------------------------- W.P.(C) No.21324 of 2008 ------------------------------- Dated this the 15th July, 2008. J U D G M E N T Petitioner is challenging Ext.P4 order passed by learned Sub Judge, Attingal, in I.A.No.1363 of 2007 in O.S.No.50 of 2004, by which first respondent was allowed to amend the plaint, as sought for in that application. 2. The argument of the learned counsel appearing for the petitioner is that learned Sub Judge did not apply his mind or consider Ext.P3 objection, while passing Ext.P4 order, and it is to be quashed. 3. On hearing the learned counsel, though Ext.P4 order is not a speaking order, I do not find any reason to interfere with that order. By Ext.P4 order, learned Sub Judge has only permitted plaintiff to incorporate a relief of “charged on the plaint schedule property”. The argument of the learned counsel is that in the original plaint, no charge was sought for and the claim is now barred by time. Petitioner is at liberty to raise a contention with regard to the bar of limitation in W.P.(C) No.21324/2008 2 the additional written statement to be filed. There is no illegality or irregularity in Ext.P4 order. In such circumstances, petition is dismissed. Petitioner is granted permission to file additional written statement raising all available contentions, including the one regarding the bar of limitation. M.SASIDHARAN NAMBIAR, JUDGE nj.