IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 28TH NOVEMBER 2008 / 7TH AGRAHAYANA 1930 WP(C).No. 35297 of 2008(B) -------------------------- OS.306/2005 of ADDL.MUNSIFF COURT-1, PALAKKAD .................... PETITIONER(S): ------------------------- R.S. CHANDRASEKHARAN, S/O. LATE SEKHARA MENON, AGED 53 YEARS, RESIDING AT RUGMINI SOUDHAM, SREEKRISHNAPURAM VILLAGE, PALAKKAD DIST. BY ADV. SRI.C.S.MANU SRI.S.K.PREMRAJ SRI.ANOOP JOSEPH SRI.ABHILASH AKBAR SRI.T.B.SIVAPRASAD RESPONDENT(S): ------------------------------ 1. RAJAMMAL, D/O. ANTHONYMUTHU, RES. AT EDATHERUVU, MANKAVU, KOPPAM, PALAKKAD DIST 2. SANDHYAGU,S/O.ANTHONY MUTHU, RES. AT EDATHERUVU, MANKAVU, KOPPAM, PALAKKAD DIST 3. THOMAS, S/O. ANTHONY MUTHU, RES. AT EDATHERUVU, MANKAVU, KOPPAM, PALAKKAD DIST 4. K.S. SETHUMADHAVAN, S/O. SUKUMARAN, RES. AT MADHAVI NIVAS TANAVU, PUTHUPPARIYARAM, PALAKKAD DIST. 2 5. P.S. NARAYANAN, S/O. SANKARAN, RES. AT MADHAVI NIVAS, TANAVU, PUTHUPPARIYARAM, PALAKKAD DIST. 6. P.K. MANIKANDAN, S/O. CHANDRAN MENON, AGE NOT KNOW TO THE PETITIONER, RES. AT VIJAYA NIVAS, AKTHETHARA, PALAKKAD DIST. 7. PRASEEDA, D/O. RAMACHANDRAN, RES AT MOOCHIKUNNIL P.O., THEKKEDESOM, NELLUPULLY, PALAKKAD DIST. 8. K.S. SUDHIR, S/O. SUKUMARAN, RES. AT MADHAVI NIVAS, TANAVU, PUTHUPPARIYARAM, PALAKKAD DIST. 9. KRISHNA PRASAD, RES. AT KRISHNA VIHAT, P.O. ELAPPULLY, PALAKKAD DIST. 10. PRAKASHAN, RES. AT KRISHNA VIHAR, P.O. ELAPPULLY PALAKKAD DIST. 11. THULASIDAR, S/O. LATE EKKANATH MANAKKAD GOPALANUNNI, RES. AT EKKANATH, PRABHATHAM, P.O. ELAPPULLY, PALAKKAD DIST. 12. GEETHA, D/O. LATE EKKANATH MANAKKAD GOPALANUNNI, RES. AT EKKANATH, MANAKKAD P.O., ELAPPULLY, PALAKKAD DIST. 13. NALINI, D/O. LATE EKKANATH MANAKKAD GOPALANUNNI, EKKANATH P.O., PARA, PALAKKAD. 14. K.P. VASUDEVA MENON, S/O. GOPALANUNNI, VALIYA KAIMAL, AGED 67 YEARS, RES. AT KANAKKU VEEDU, P.O. MANNALUR, PALAKKAD DIST. 15. K.P. RADHAKRISHNA MENON, S/O.GOPALANUNNI VALIYA KAIMAL, AGED 67 YEARS, RES. AT KANAKKU VEEDU, P.O. MANNALUR, PALAKKAD DIST. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/11/2008 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = W.P.(c).No.35297 of 2008 = = = = = = = = = = = = = = Dated this the 28 th day of November, 2008 JUDGMENT Petitioner, who is the plaintiff in O.S.No.306 of 2005 on the file of the Munsiff's Court, Palakkad challenges an order said to have been passed by the learned Munsiff allowing Ext.P3 application filed by the defendants (after the case was posted for judgment) to amend the written statement in order to withdraw an admission made in the written statement allegedly on account of a mistake committed by their counsel. 2. The grievance of the petitioner is that eventhough he opposed the application for amendment, the same has been allowed by the learned Munsiff and the case stands posted for judgment tomorrow. Without seeing the order allowing Ext.P3 application it is not possible for this Court to consider whether the amendment was allowed on being convinced that in spite of due diligence the defendants could not have raised the matter before the commencement of the trial within the purview of the proviso to Rule 17 Order 6 C.P.C. In case the petitioner is W.P.(c).No.35297 of 2008 2 aggrieved by the order passed on Ext.P3, he can certainly challenge the order passed on Ext.P3 in an appeal against the decree to be passed provided the decree eventually passed by the learned Munsiff is against the petitioner. Reserving this liberty this writ petition is dismissed. Dated this the 28 th day of November, 2008. V. RAMKUMAR, JUDGE sj