IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 18TH JANUARY 2008 / 28TH POUSHA 1929 WP(C).No. 2233 of 2008(N) ------------------------------------- OS.326/2005 of I ADDITIONAL SUB COURT, KOZHIKODE .................... PETITIONER: ------------------- K.J.DINCY, D/O KOLLANKANNY JACOB, RESIDING AT KOLLANKANNY HOUSE, MUKUNDHAPURAM TALUK, MANAVALLASSERY VILLAGE, DESOM, KOMBARA EAST, P.O.IRINJALAKUDA, TRICHUR-680121. BY ADV. SRI.MILLU DANDAPANI RESPONDENT: --------------------- M/S GERMAN MOTORS, REGD. PARTNERSHIP FIRM SITUATED PUTHIYANGADI AMSOM,DESOM OF KOZHIKOD TALUK, REPRESENTED BY ITS GENERAL MANAGER & POWER OF ATTORNEY HOLDER, MR.PETER AUGUSTINE, S/O.LATE JOSEPH PETER RESIDING AT 12A,GANDHI NAGAR,WEST HILL,KATCHAN AMSOM DESOM OF KOZHIKODE TALUK, AS PER THE POWER OF ATTORNEY DEED EXECUTED BY MANAGING PATRNER OF THE RESPONDENT FIRM, MR.DEVASSY @ SEBASTIAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J --------------------------------------------- W.P.(C) No.2233 of 2008 --------------------------------------------- Dated this the 18th day of January, 2008 JUDGMENT The petitioner is the defendant in O.S.No.326 of 2005 of the Sub Court, Kozhikode. She is challenging Ext.P5 order passed by the Sub Judge dismissing I.A.No.5691 of 2006 filed under Order VI Rule 17 of the Code of Civil Procedure to amend the written statement. Under the proposed amendment the petitioner sought to remove the admissions made in the written statement with regard to the plaint allegations. Instead of the facts pleaded “are correct”, petitioner wanted to amend them as “not correct”. Under Ext.P5 order learned Sub Judge found that such amendment cannot be allowed as admissions cannot be taken away and remedy of the petitioner is to file a petition as provided under Order VIII Rule 5 of the Code of Civil Procedure invoking the power provided under the proviso thereunder. On going through Ext.P5 order I do not find any reason to interfere with that order. The writ petition is dismissed. If the petitioner files an application under Order VIII Rule 5 of the Code of Civil Procedure, learned Sub Judge has to pass an appropriate order in accordance with law and the dismissal of the application filed under Order VI Rule 17 will not stand in the way. M.SASIDHARAN NAMBIAR, JUDGE vns