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JOSE S/O. AKKARAKKARAN LONAPPAN v. JACOB S/O. MANAKKAD MURIYIL - WP(C) No. 24629 of 2003(F)  RD-KL 2194 (30 November 2006)
IN THE HIGH COURT OF KERALA AT ERNAKULAMWP(C) No. 24629 of 2003(F)
1. JOSE S/O. AKKARAKKARAN LONAPPAN,
1. JACOB S/O. MANAKKAD MURIYIL,
For Petitioner :SRI.GEORGE VARGHESE (MANACHIRACKEL)
For Respondent :SRI.T.H.ABDUL AZEEZ
The Hon'ble MR. Justice KURIAN JOSEPH
O R D E R
KURIAN JOSEPH, J.W.P.(C).No.24629 OF 2003
Dated this the 30th day of November, 2006
J U D G M E N T
Challenge is on Ext.P2 order passed by the Additional Subordinate Judge's Court, Iringalakuda in I.A.No.1688/2003 in O.S.No.178/2001, whereby an application for amending the plaint was rejected holding that inherent defect cannot be cured by way of amendment of pleading. According to the petitioner, the averments in the plaint would only show the narration of event and cause of action for the suit is at Para 9 of the plaint. There is no counter affidavit. After having heard the counsel for the petitioner and also the learned counsel appearing for the respondent, I find force in the contentions advanced by the petitioner. The application is only for deleting a sentence from the plaint. The same is at the risk of the petitioner plaintiff. If that be so, it is certainly within the scope of the order VI Rule 17 of the C.P.C. I set aside Ext.P2. I.A.No.1688/2003 in O.S.178/2001 would stand allowed. The suit will be disposed of within a period of six months from the date of receipt of a copy of this judgment.
(KURIAN JOSEPH, JUDGE)ps
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