IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN MONDAY, THE 5TH JANUARY 2009 / 15TH POUSHA 1930 CRP.No. 5 of 2009 --------------------- OS.621/2005 of PRL.MUNSIFF COURT,NEDUMANGAD .................... REVN. PETITIONER/PETITIONER/PLAINTIFF: ----------------------------------------------------- DEVADAS, T.C.16/1184,DEEPAK BHAVAN, THAYCAUD,THIRUVANANTHAPURAM. BY ADV. SRI.AYYAPPAN SANKAR RESPONDENT/COUNTER PETITIONER/DEFENDANT: ------------------------------------------------------------ B.P.SUBHASH,MAYAKOTTARAM, KARAKULAM, KARAKULAM VILLAGE. THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 05/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.P.BALACHANDRAN, J. ------------------------------------------------ C. R. P No.5 of 2009 ------------------------------------------------ Dated this the 5th day of January, 2009 ORDER The petitioner is the plaintiff in O.S.621/05 on the file of the Munsiff's Court, Nedumangad. He assails the order of the court below passed on 05/11/08 on I.A.2559/08 on the following lines. “The defendant filed affidavit that copy of judgment and decree cannot be produced as it is produced in appeal. As such amendment cannot be made”. 2. I.A. 2559/08 was an application seeking for correction of the judgment and decree effecting correction of “Ext.C1(a)” plan made mention of as “Ext.C2(a)” as Ext.C1 (a) is only a rough sketch and what the court intended was to make Ext.C2(a) plan as part of the decree. The correction so sought for was initially allowed by the trial court vide order on the said I.A. passed on 17/07/08. By C. R. P No.5 of 2009 -2- the subsequent order dt.05/11/08 the court has recorded only that as the defendant has filed affidavit reporting that the copy of judgment and decree cannot be produced as it is produced in appeal the amendment cannot be made which means the amendment cannot be made therein and not that the amendment sought for is not allowed. The court below is directed to get down copy of decree and judgment from the appellate court and cause correction to be effected and thereafter to send it back to the appellate court. The petitioner is directed to produce a copy of this order before the trial court to have the above direction complied with. 3. This C.R.P is disposed of with the above direction. K.P.BALACHANDRAN, JUDGE kns/-