IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 22ND OCTOBER 2008 / 30TH ASWINA 1930 WP(C).No. 31088 of 2008(A) ---------------------------------- AGAINST THE ORDER DATED 30/08/2008 IN IA 2679/2008 IN OS.3/1999 of II ADDL. DISTRICT COURT, TRIVANDRUM .................... PETITIONER : --------------- JESTUS SARASSOM, S/O. MANUAL SARASSOM, VALIYAVILAKATHU PUTHEN VEEDU, KAVALAKULAM, NEYYATTINKARA. BY ADV. SRI.D.SAJEEV RESPONDENTS : ------------------- 1. NESAMMAL JAINEY, PUTHUVAL PUTHEN VEEDU, MEELLAKKONAM, KOVALLASSERY P.O., THIRUVANANTHAPURAM. 2. NESSAMMAL JESSY, T.C. NO. 25/271 -1, EAST THAMPANNOOR, THIRUVANANTHAPURAM. 3. NESAMMAL JOYEES, T.C. 14/354, CHENGAZHASSERI VILLAGE, PALAYAM, THIRUVANANTHAPURAM (DIED). 4. NESAMMAL JAYA BAI SARASAM, RESIDING AT JAYABHAVAN, MARANALLOOR VILLAGE, NARUVAMOODU, THIRUVANANTHAPURAM. 5. J.R. JAYAKUMAR,BABA SADANAM, NEDIYAKALE CHAVADI MUKKU, KANJIRAMKULAM P.O. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P. JOSEPH, J. ------------------------------ W.P(c) No.31088 of 2008 ------------------------------ Dated this the 22nd day of October, 2008 JUDGMENT Heard counsel for the petitioner. His grievance is that though application for impleading (I.A. No.2679 of 2008 in O.S. No.3 of 1999 of the second Additional District Court, Thiruvananthapuram) was filed, learned Second Addl. District Judge dismissed that application without giving an opportunity to cure the defects . It is seen from Exhibit P2 that application (Exhibit P1) was dismissed for the reason that the persons sought to be impleaded as additional respondents were not made as parties in Exhibit P1 application and that they were not made co-respondents in the application. The application was dismissed as it was not in compliance with Rule 39 and Form No.13 of the Civil Rules of Practice. Petitioner's right to file proper application is not taken away by the impugned order. As such no interference is called for. This petition is therefore, dismissed. THOMAS P. JOSEPH, JUDGE scm