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HONEY, D/O.LATE BABY ABRAHAM versus SOSAMMA PAULOSE

High Court of Kerala

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HONEY, D/O.LATE BABY ABRAHAM v. SOSAMMA PAULOSE - WP(C) No. 29976 of 2006(R) [2006] RD-KL 2517 (5 December 2006)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 29976 of 2006(R)

1. HONEY, D/O.LATE BABY ABRAHAM,
... Petitioner

2. HEMU, D/O.LATE BABY ABRAHAM,

Vs

1. SOSAMMA PAULOSE,
... Respondent

2. REJU P.PALAL,

For Petitioner :SRI.S.SREEKUMAR

For Respondent :SRI.P.V.GEORGE(ONAKKOOR)

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

Dated :05/12/2006

O R D E R

M.SASIDHARAN NAMBIAR, J.

W.P.C.NO.29976 OF 2006 (R)

Dated this the 5 th day of December, 2006.



JUDGMENT

Petitioners are the additional defendants in O.S.58/05 on the file of Munsiff Court, Todupuzha. They are challenging Ext.P4 order passed by the learned Munsiff in I.A.1873/05 where under the prayer of respondent 1 and 2 to amend the plaint was allowed by learned Munsiff. The suit was originally filed against four defendants. Petitioners were subsequently impleaded additional defendants 5 and 6 on 18.2.06, as per order in I.A.1872/05. Ext.P4 order was passed on 26.9.06. The case of petitioner was that they were not impleaded in the application and no notice was given to them and Ext.P4 order was passed without hearing them. Ext.P4 shows that petitioners are not parties to I.A.1873/05, the application for amendment of the plaint. As rightly pointed out by the learned counsel appearing for petitioners, without giving an opportunity to the petitioners to oppose application for amendment of the plaint, learned Munsiff should have allowed without hearing their objection. Ext.P4 order is therefore quashed. Learned Munsiff is directed to dispose I.A.1873/05 afresh after giving an opportunity to the petitioner to file an objection and hearing them. Respondents shall implead petitioners here in as respondents in I.A.1872/05. M.SASIDHARAN NAMBIAR,

JUDGE.

bkn


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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