IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN TUESDAY, THE 6TH JANUARY 2009 / 16TH POUSHA 1930 WP(C).No. 544 of 2009(M) ----------------------------------------- OS 241/05 & OS.141/2006 of MUNSIFF COURT, PERUMBAVOOR .................... PETITIONER: K.SADANANDA PAI , S/O.KESAVA PAI KALAPARAMBATHU PUTHENMADHOM, PERUMBAVOOR KARA, PERUMBAVOOR VILLAGE, ERNAKULAM DISTRICT. BY ADV. SRI.RAJESH VIJAYAN RESPONDENTS: 1. SURENDRAN, S/O.NARAYANAN, KELAMANGALATHU HOUSE, PERUMBAVOOR KARA, PERUMBAVOOR VILLAGE. 2. CHANDRALAL,S/O.NARAYANAN, KELAMANGALATHU HOUSE, PERUMBAVOOR KARA, PERUMBAVOOR VILLAGE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P. Balachandran, J. -------------------------- W.P.(C)No.544 of 2009 M -------------------------- JUDGMENT The only grievance that is attempted to be highlighted by the counsel for the petitioner, who is the plaintiff in O.S.No.141/04 on the file of the Munsiff's Court, Perumbavoor, is that the court below, which has ordered a joint trial of that suit along with O.S.No.241/05 on the file of that court, has ordered evidence being adduced in O.S.No.141/06 treating that suit as the leading case, whereas, according to him, O.S.No.241/05 is a comprehensive suit, which ought to have been treated as the leading case. 2. Exhibit P1 is the plaint in O.S.No.241/05 and that shows that it is only a suit for permanent prohibitory injunction. It cannot be said that it is a comprehensive suit and therefore, that has to be treated as the leading case. Further, when a joint trial is to be conducted and evidence is ordered to be taken in a particular suit treating WPC 544/09 2 that suit as the leading case, that is only for the purpose of convenience in recording the evidence and marking the documents and that does not deprive the parties of any right or cast burden of proof on that party, which, otherwise, is not for him to discharge. There is absolutely no merit in this writ petition and this writ petition is dismissed. 6th January, 2009 (K.P.Balachandran, Judge) tkv