IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 8TH JULY 2008 / 17TH ASHADHA 1930 RP.No. 692 of 2008() ---------------------------- AGAINST THE JUDGEMENT/ORDER IN CRP.353/2008 Dated 11/04/2008 .................... PETITIONER/ PETITIONER: --------------------------------------- S.SUKUMARAN UNNITHAN, AGED 73 YEARS, S/O.NEELAKANTAN UNNITHAN, RESIDING AT MANGALATHU HOUSE, VALLIKUNNAM MURI, -DO- VILLAGE. BY ADV. SRI.R.RAJASEKHARAN PILLAI SMT.SABINA JAYAN RESPONDENT/ RESPONDENT: -------------------------------------------- LEKSHMI KUJAMMA, AGED 58, W/O.KUTTAN PILLAI, RESIDING AT "KAILAS", A 28 TC IX/2612, ELAMKKAM GARDENS, VELLYAMBALAM, THIRUVANANTHAPURAM FROM KOTTAKKATTU HOUSE, VALLIKUNNAM MURI, DO VILLAGE. BY THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 08/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = R.P. 692 OF 2008 IN C.R.P. NO. 353 OF 2008 = = = = = = = = = = = = = = = Dated this the 8th day of July, 2008. O R D E R This review petition is preferred against the judgment of this Court in CRP 353/08. It was a revision preferred against the order of the trial court which dismissed the suit as not pressed. The grievance of the defendant was that he has filed an application for amendment of the written statement whereby he wants to incorporate the counter claim and therefore if the suit is dismissed as not pressed it will prejudicially affect his right. 2. Plaintiff is the master of his litigation. It is for him to decide whether it is to be prosecuted or non-prosecuted. Therefore the Court cannot compel him to prosecute a case just because the defendant wants to amend the written statement by adding a counter claim. It is a settled principle that any counter claim is a cross-suit and it is introduced with the intention of avoiding multiplicity of suits. Therefore, R.P. 692 OF 2008 IN C.R.P. NO. 353 OF 2008 -:2:- if there is real cause of action for the defendant and if the law permits it does not preclude him from filing a separate suit. With this observation, this R.P. is dismissed. M.N. KRISHNAN, JUDGE.