IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 7TH OCTOBER 2009 / 15TH ASWINA 1931 WP(C).No. 38123 of 2003(L) -------------------------- (O.S.NO.713/1998 OF ADDL. SUB COURT, ERNAKULAM) PETITIONER(S): --------------- M/S. HINDUSTAN STEELWORKS CONSTRUCTION LTD., P-34A, GARIAHAT ROAD (SOUTH), CALCUTTA, THROUGH ITS GENERAL MANAGER AT NSC BOSE BUILDING, (15TH FLOOR), 12 M.G. ROAD, BANGALORE-560 001. BY ADV. SRI.K.L.VARGHESE SMT.SANTHA VARGHESE RESPONDENT(S): --------------- 1. M/S. HARRISONS MALAYALAM LIMITED, 24/1624, BRISTOW ROAD, WILLINGDON ISLAND, COCHIN-682 003. 2. GREATER COCHIN DEVELOPMENT AUTHORITY, KADAVANTHARA, ERNAKULAM, COCHIN-682 020, REPRESENTED BY SECRETARY. ADV. SRI.E.K.NANDAKUMAR FOR R1 SRI.A.K.JAYASANKAR NAMBIAR FOR R1 SMT.PRIYA MAHESH FOR R1 SMT.PRIYA MANJOORAN FOR R1 SRI.M.V.JOSEPH FOR R2 SRI.JIMMY GEORGE SC FOR GCDA FOR R2 SRI.M.JOSE ANTONY SC GCDA FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS EXT.P1 TRUE COPY OF NOTICE DATED 19-8-98 ISSUED BY FIRST RESPONDENT THROUGH ITS ADVOCATES EXT.P2 TRUE COPY OF REPLY NOTICE DATED 19-9-08 ISSUED BY THE PETITIONER THROUGH ITS ADVOCATES. EXT.P3 TRUE COPY OF NOTICE DATED 21-11-98 ISSUED BY FIRST RESPONDENT THROUGH ITS ADVOCATES EXT.P4 TRUE COPY OF THE PLAINT O.S.NO.713/98 FILED BY THE FIRST RESPONDENT BEFORE THE SUB COURT, ERNAKULAM DATED 21-12-1998 EXT.P5 TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE PETITIONER IN O.S.NO.713/98 BEFORE THE SUB COURT, ERNAKULAM DATED 18-6-99 EXT.P6 TRUE COPY OF I.A.NO.943/99 IN O.S.NO.713/98 FILED BY THE PETITIONER BEFORE THE SUB COURT, ERNAKULAM FOR IMPLEADING THE SECOND RESPONDENT DATED 25-2-1999 EXT.P7 TRUE COPY OF ORDER DATED 6-11-2003 IN I.A.NO.943/99 IN O.S.NO.713/98 BEFORE THE I ADDL. SUB JUDGE, ERNAKULAM /True Copy/ P.Q.BARKATH ALI, J. - - - - - - - - - - - - - - - - - - - - - W.P(C).No.38123 OF 2003 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of October, 2009 JUDGMENT Petitioner is the defendant in O.S.No.713/98 before the First Additional Sub Court, Ernakulam. First respondent is plaintiff and second respondent is garnishee. In this writ petition, the petitioner seeks to quash Ext.P7 order passed by the trial court refusing to implead the second respondent in the suit as a party. After hearing the counsel for both parties and on perusing the records, I feel that second respondent is a necessary party in the suit. Therefore the order of the trial court Ext.P7 dated 6/11/2003 dismissing I.A.No.943/1999 is set aside and the said I.A. is allowed.. The Second respondent is impleaded as additional second defendant in the suit. Petitioner is permitted to carry out necessary amendments before the trial court. This being a suit of 1998, the trial court is directed to dispose of the suit as early as possible. This writ petition is disposed of as found above. P.Q.BARKATH ALI JUDGE sv.