IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 2ND JANUARY 2008 / 12TH POUSHA 1929 WP(C).No. 69 of 2008(G) ----------------------- OS.141/2003 of PRINCIPAL SUB COURT, PALAKKAD .................... PETITIONER: -------------------- JOSEPH,S/O. JOSEPH,AGED 57, KARANGATTU PARAMBIL, VADAKKANCHERRY, ALATHUR TALUK, PALAKKAD DISTRICT. BY ADV. SRI.S.SHYAM RESPONDENTS: ------------------------- 1. RASHEED,S/O. IMBICHIBAVA, HOUSE NO.4 T.B.COMPLEX, SINGAM PALAYAM, MAHADAPURAM BANGALORE. 2. VALIYAPLAKATH ALIKOYA,S/O.IMBICHEMU HOUSE NO. 12/730 AGARAM AMSOM, KOZHIKODE TALUK. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N. KRISHNAN, J. = = = = = = = = = = = = = = W.P.C. NO. 69 OF 2008 = = = = = = = = = = = = = = = Dated this the 2nd day of January, 2008. J U D G M E N T This writ petition is preferred against the order of the Subordinate Judge, Palakkad in I.A.4624/07 in O.S.141/03. By the said order as seen extracted in page 5 of the writ petition the Subordinate Judge has directed the writ petitioner to file a fresh affidavit in the line of the existing written statement. There was an application for amendment of the written statement whereby the defendant wants to change a few words that has been disallowed by the Court and it is submitted by the learned counsel for the writ petitioner that he has reserved the right to challenge the same in case an appeal is to be filed. 2. Now the question to be considered is when such a petition has been dismissed by the Court below whether the same party can be permitted to have the very same pleadings incorporated as evidence in the form of chief affidavit. I am afraid it cannot be done for the reason that if W.P.C 69 OF 2008 -:2:- it is permitted and it is to be considered the Court will be travelling beyond the pleadings which the law does not permit. Therefore, I do not find any mistake committed by the Subordinate Judge in directing the defendants to file an affidavit in line with the existing written statement. But I make it very clear that such an affidavit is filed only as per the direction of the Court and therefore it cannot be taken at a later stage that the party has not let in any evidence on that regard at the trial stage. The party will be at perfect liberty to take up that contention in case the matter has to be taken in appeal. The writ petition is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-