IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 5TH AUGUST 2008 / 14TH SRAVANA 1930 WP(C).No. 31014 of 2007(P) ----------------------------------- PETITIONERS : ----------------- 1. DHARMAJAN, S/O. SREEDHARAN, KOLLAMPARAMBIL, SOUTH ARYAD, KOMALAPURAM, ALAPPUZHA. 2. SATHIYAMMA, D/O. SREEDHARAN, POYYANIYIL, THALAYOLAPARAMBU, VAIKOM. BY ADV. SMT.C.G.BINDU RESPONDENTS : ------------------- 1. VELAPPAN, S/O. KESAVAN, KOLLAMPARAMBIL, SOUTH ARYAD, KOMALAPURAM, ALAPPUZHA, AVALOOKKUNNU P O, PIN 688 006. 2. SIDHARDHAN, S/O. KESAVAN, KOLLAMPARAMBIL, SOUTH ARYAD, KOMALAPURAM, ALAPPUZHA, AVALOOKKUNNU P O, PIN 688 006. 3. SUGUNANDAN, S/O. KESAVAN, KOLLAMPARAMBIL, SOUTH ARYAD, KOMALAPURAM, ALAPPUZHA, AVALOOKKUNNU P O, PIN 688 006. BY ADV. SRI.S.SANAL KUMAR - R1-3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 31014 of 2007(P) APPENDIX PETITIONERS EXHIBITS:- EXT.P1: TRUE COPY OF PLAINT IN O.S.NO.1301/98 OF THE PRINCIPAL MUNSIFF'S COURT, ALAPPUZHA EXT.P2: TRUE COPY OF PURCHASE CERTIFICATE OBTAINED FROM THE LAND TRIBUNAL, ALAPPUZHA IN O.A.NO.493/70 EXT.P3: TRUE COPY OF COMMISSION REPORT EXT.P4: TRUE COPY OF WRITTEN STATEMENT IN O.S.1301/98 EXT.P5: TRUE COPY OF JUDGMENT DATED 29.01.2001 IN O.S.NO.1301/98 EXT.P6: TRUE COPY OF I.A.NO.634/2007 EXT.P7: TRUE COPY OF I.A.NO.635/2007 EXT.P8: TRUE COPY OF OBJECTION IN I.A.NO.634/2007 EXT.P9: TRUE COPY OF OBJECTION IN I.A.635/07 EXT.P10: TRUE COPY OF ORDER DATED 10.09.2007 IN I.A.NO.634/2007 EXT.P11: TRUE COPY OF ORDER DATED 10.09.2007 IN I.A.635/07 -TRUE COPY- P.A. TO JUDGE pac M.SASIDHARAN NAMBIAR, J. ........................................... WP(C).No. 31014 OF 2007 ............................................ DATED THIS THE 5th DAY OF AUGUST, 2008 JUDGMENT Petitioners are appellants in A.S.116 of 2003 on the file of Sub Court, Alappuzha and respondents are the respondents in the appeal. Petitioners are the legal representatives of the original plaintiff in O.S.1301 of 1998. This petition is filed under Article 227 of Constitution of India challenging Ext.P10 and P11 orders. Ext.P10 order was passed in I.A.634 of 2007, an application filed under Rule 27 of Order XLI of Code of Civil Procedure to receive additional evidence. Ext.P11 is an order passed in an application filed under Rule 17 of Order VI of Code of Civil Procedure for amendment of the plaint. Learned Sub Judge dismissed both the petitions. 2. Learned counsel appearing for petitioners and respondents were heard. 3. When an application is filed under Rule 27 of Order XLI of the Code, appellate court has to consider that application only at the time of hearing the appeal and not earlier to the hearing of appeal. Only if the conditions provided under Rule 27 is satisfied, additional evidence can be received. As Ext.P10 order WP(C) 31014/2007 2 is passed earlier to the hearing of appeal, Ext.P10 order is quashed. Learned Sub Judge is directed to hear I.A.634 of 2007 along with A.S.116 of 2003 and dispose the same in accordance with law. 4. Similarly an application under Rule 17 of Order VI of the Code for amendment of the plaint is also to be heard only along with the appeal. As Ext.P11 was also disposed earlier to the hearing of the appeal. Hence Ext.P11 order is also quashed. Learned Sub Judge is directed to hear I.A.635 of 2007 also along with the appeal and dispose the same in accordance with law. M.SASIDHARAN NAMBIAR, JUDGE lgk/-