IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 28TH OCTOBER 2011 / 6TH KARTHIKA 1933 OP(C).No. 3502 of 2011(O) ------------------------------------- OS.817/2007 OF MUNSIFF COURT, KOLLAM .................... PETITIONER ------------------- V. GEETHA, PADIDYAZATHU MADAM, KANNIMAL, KAVANADU. BY ADV. SRI.K.SUBASH CHANDRA BOSE RESPONDENT(S): -------------------------- JONAKAPURAM MOOTHAKKARA FISHERMAN, WELFARE DEVELOPMENT SOCIETY LTD., NO.F(Q) 98, MOOTHAKKARA, REPRESENTED BY ITS PRESIDENT. BY THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 28/10/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs OP(C).No. 3502 of 2011(O) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE PLAINT IN O.S. 817OF 2007 BEFORE THE MUSIFF COURT, KOLLAM. EXT.P2 TRUE COPY OF THE PLAINT IN O.S 932 OF 2005 BEFORE THE MUNSIFFS COURT, KOLLAM.23-12-2005. EXT.P3 TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE PETITIONER IN O.S. NO.817 OF 2007 DATED 21-8-2009 BEFORE THE MUNSIFF'S COURT, KOLLAM. EXT.P4 TRUE COPY OF THE EXPARTE JUDGMENT IN O.S. 817 OF 2007 DATED 16-12-2009 BEFORE THE MUNSIFF'S COURT, KOLLAM. EXT.P5 TRUE COPY OF THE AFFIDAVIT AND PETITION FILED IN I.A. 726 OF 2008 IN O.S. NO.817 OF 2007 BEFORE THE MUNSIFF'S COURT KOLLAM. EXT.P6 TRUE COPY OF THE REVIEW PETITION FILED IN I.A. NO.4195 OF 2008 IN O.S. NO. 817 OF 2007 BEFORE THE MUNSIFF'S COURT KOLLAM. EXT.P7 TRUE COPY OF THE AMENDMENT PETITION DATED 11-10-2010 IN I.A. NO.4489 OF 2010 IN O.S. NO.817 OF 2007 BEFORE THE MUNSIFF'S COURT KOLLAM. EXT.P8 TRUE COPY OF THE OBJECTION DATED 12-10-2010 FILED TO I.A. NO.4489 OF 2010 IN O.S. NO.817 OF 2007 BEFORE THE MUNSIFF'S COURT KOLLAM. EXT.P9 TRUE COPY OF THE PETITIONS FOR REMOVING THE CASE FROM LIST, REVIEWING THE ORDER IN I.A. NO.4489 OF 2010 IN O.S. NO.817 OF 2007 AND FOR CONDONING THE DELAY IN FILING THE PETITION FOR REVIEW DATED 27-01-2011 BEFORE THE MUNSIFF'S COURT KOLLAM. EXT.P10 TRUE COPY OF THE OBJECTION FILED AGAINST THE REVIEW PETITION IN I.A. NO.480 OF 2011 BEFORE THE MUNSIFF'S COURT KOLLAM. EXT.P11 TRUE COPY OF THE ORDER IN I.A. NO.4489/2010 IN O.S. NO.817 OF 2007 DATED 1-8-2011 BEFORE THE MUNISFF'S COURT KOLLAM. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE rs THOMAS P. JOSEPH, J. ---------------------------------------- O.P(C).No.3502 of 2011 --------------------------------------- Dated this 28th day of October, 2011 JUDGMENT Defendant in O.S.No.817 of 2007 of the Court of learned Munsiff, Kollam is the petitioner before me challenging Ext.P11, order allowing amendment of plaint on terms of cost of `.500/-. The application for amendment was preferred after the case was posted for trial in the list and before the recording of evidence started. 2. Respondent/plaintiff is a registered society. In the plaint it is stated that it is represented by its Secretary. The amendment sought for and allowed is to the effect that the person who has signed the plaint on behalf of respondent/society is not the Secretary but, its President. 3. Learned counsel contends that in all the prior litigations, Christapher who sought to represent the respondent/society as its President has described him as the Secretary. But, the merit of the claim sought to be made by the amendment need not be decided at the stage of considering the request for amendment. If petitioner has a contention that Christapher is neither the Secretary nor President or that he O.P(C).No.3502 of 2011 -: 2 :- continues to be the Secretary and not the President, it is open to the petitioner to plead so and adduce appropriate evidence in that regard. On going through the relevant records I do not find reason to interfere with the impugned order. This original petition is dismissed without prejudice to the right of petitioner to file additional written statement in answer to the amended plaint. (THOMAS P. JOSEPH, JUDGE) Sbna/-