IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 11TH APRIL 2008 / 22ND CHAITHRA 1930 WP(C).No. 13025 of 2008(A) ------------------------------------ AGAINST THE ORDER DATED 05/04/2008 IN IA 248/2008 IN OS.153/2005 of MUNSIFF COURT, PERUMBAVOOR .................... PETITIONER: ------------------- 1. ALEYAMMA, W/O.YACOB, NADAKKAL, PRALAYIKKAD KARA, VENGOOR WEST VILLAGE. 2. JOHNY, S/O.PAULOSE, KARIPRA, MUDAKKIRAYI KARA, RAYAMANGALAM VILLAGE. 3. ANNAKUTTY, W/O.PAULOSE, PALLIPPADAN, KARIPRA, MUDAKKIRAYI KARA, RAYAMANGALAM VILLAGE. 4. REGI, S/O.MATHEW, NADAKKAL HOUSE, PRALAYKAD KARA, VENGOOR WEST VILLAGE. BY ADV. SRI.A.K.CHINNAN SMT.SUSAL A. CHINNAN RESPONDENTS: ------------------------ 1. GEORGE, S/O.PAILY, RESIDENT OF MURIKKAL HOUSE, PRALAYKAD KARA, VENGOOR POST-683 546. 2. GEE RANI, W/O.GEORGE, S/O.PAILY, RESIDENT OF MURIKKAL HOUSE, PRALAYKAD KARA, VENGOOR POST-683 546. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = W.P.C. NO. 13025 OF 2008 = = = = = = = = = = = = = = = Dated this the 11th day of April, 2008. J U D G M E N T This writ petition is preferred with a direction to quash Exts.P8 and P9 in O.S.153/05. Ext.P9 order is one for restoration of the suit on payment of costs. It is submitted that the amount of costs imposed is high. Considering the facts I feel an amount of Rs.1,500/- is not a very heavy costs and therefore I decline to interfere with the said order. 2. So far as Ext.P8 is concerned, i.e. I.A.237/08 in O.S.153/05, it is an application for issuance of a Commission after the plaint has been amended. The Court dismissed it on the ground that it is a targeted case. It is the basic duty of the Court to see that whether issuance of a Commission is necessary for proper appreciation of the matter and for a proper decision to be rendered. Therefore I set aside the order of the Court below in I.A.237/08 and direct that the Court should consider the matter afresh on merits on the W.P.C 13025 OF 2008 -:2:- application after hearing both sides and dispose it of in accordance with law. For the said purpose I.A.237/08 will stand restored. The writ petition is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-