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Padma Kumar vs Rethna Kumar

High Court Of Kerala|12 November, 2014
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JUDGMENT / ORDER

The grievance of the petitioner is that the petitioner had moved an application for amendment of the written statement and also an application to remove the case from the special list and prays that till the amendment application is heard on merits, the case may not be taken up for hearing. Ext.P4 produced along with the petition is the amendment application, Ext.P5 is the objection and Ext.P6 is the petition to remove the case from the special list. The application for amendment was filed on 21.10.2014 and the objection was filed on 29.10.2014. The petitioner points out that on 11.11.2014, the amendment application was dismissed and the case now posted for trial to 13.11.2014. 2. The grievance of the petitioner is that without getting a copy of the order rejecting his amendment application, he may not be able to pursue further remedies. The petitioner prays that O.P.(C) No.2630/2014 2 a copy of the order may be directed to be issued and the case may be removed from the special list.
3. In the light of the order that is proposed to be passed, it is felt that notice to the respondent is unnecessary.
4. The petitioner is certainly entitled to take such proceedings as are available to him under law against the order dismissing the application for amendment of the written statement for which a copy of the order is absolutely necessary. Without giving a breathing time to the petitioner to avail of such remedies, it will be improper to start the trial.
For the above reasons, this Original Petition is disposed of directing the Sub Court, Chengannur to issue a certified copy of the order rejecting the amendment application filed by the petitioner as early as possible, at any rate, within a period of two weeks from the date of receipt of a copy of this judgment and the trial scheduled to begin on 13.11.2014 shall stand adjourned by three weeks.
Communicate the order to the Sub Court, Chengannur.
smp P.BHAVADASAN JUDGE
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Title

Padma Kumar vs Rethna Kumar

Court

High Court Of Kerala

JudgmentDate
12 November, 2014
Judges
  • P Bhavadasan
Advocates
  • Sri
  • V Philip Mathew