IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 26TH MARCH 2009 / 5TH CHAITHRA 1931 WP(C).No. 38134 of 2008(M) -------------------------- OS.27/2006 of PRL.SUB COURT,KOTTAYAM .................... PETITIONER(S): --------------- MONI JOSEPH @ ALEYAMMA, AGED 60 YEARS, W/O. JOSEPH, KAIPPILLY MALIYIL HOUSE, ARTHOOTTI, KOTTAYAM VILLAGE, KOTTAYAM. BY ADV. SRI.JOHN JOSEPH VETTIKAD RESPONDENT(S): --------------- JAGAN THOMAS, S/O. KURUVILA, PARACKAL HOUSE, KUMARAKOM, KOTTAYAM. ADV. SRI.C.S.MANILAL FOR R THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 38134/08 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE PLAINT IN OS NO.27/2006 OF THE SUB COURT, KOTTAYAM DATED 23.1.2006. EXT.P2: COPY OF THE WRITTEN STATEMENT IN OS NO.27/2006 FILED BY THE PETITIONER DATED 30.5.2006. EXT.P3: COPY OF THE APPLICATION IN IA NO.481/2007 FOR THE AMENDMENT OF THE WRITTEN STATEMENT DATED 3.2.2007. EXT.P4: COPY OF THE PETITION IN IA NO.5034/2008 DATED 28.11.2008. EXT.P5: COPY OF THE APPLICATION IN IA NO.5033/2008 DATED 28.11.2008. EXT.P6: COPY OF THE ORDER IN IA NO.5034/2008 IN OS NO.27/2006 DATED 15.12.2008. /TRUE COPY/ P.A. TO JUDGE K.T.SANKARAN, J. ---------------------------------------- W.P.(C).No.38134 of 2008 ---------------------------------------- Dated this the 26th day of March, 2009 JUDGMENT The Writ Petitioner, who is the defendant in O.S.No.27 of 2006, on the file of the court of the Principal Subordinate Judge, Kottayam, filed an application for amendment of the written statement. That application was allowed as per the order dated 8.8.2007. However, the petitioner/defendant did not carry out the amendment. When the suit was included in the special list for trial on 12.12.2008, the petitioner filed I.A.No.5034 of 2008 for permission to carry out the amendment. That application was dismissed by the court below as per Ext.P6 order dated 15.12.2008 with costs of Rs.500/- which is under challenge in this Writ Petition. 2. The learned counsel appearing for the respondent/ plaintiff on instructions submitted that the respondent has no serious objection in allowing the application as such. But, his apprehension is that the petitioner is attempting to protract the WPC No.38134/2009 2 proceedings. Amendment having been allowed, and the petitioner having not carried out the amendment within time, he has filed the present application. It is true that there are laches on the part of the petitioner. However, in the interests of justice, I am of the view that the application is liable to be allowed on payment of costs to the respondent. Accordingly, Ext.P6 order dated 15.12.2008 passed by the court below is set aside. I.A.No.5034 of 2008 is allowed on condition that the petitioner shall pay a sum of Rs.500/- as costs to the respondent. The trial court shall expedite the trial of the suit and shall post the case in the special list. It is assured by the learned counsel for the petitioner that the petitioner will not request for adjournment of the case unless it is unavoidable. This submission is recorded. Costs shall be paid on or before 25.5.2009. The Writ Petition is disposed of accordingly. K.T.SANKARAN, JUDGE csl