The High Court of Kerala allowed an original petition challenging a non-speaking order allowing amendment of a written statement. The court set aside the impugned order and directed the Sub Judge to pass a speaking order within two weeks.
Ext.P5 order set aside; Sub Judge directed to pass a speaking order within two weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE N.K.BALAKRISHNAN
MONDAY, THE 20TH DAY OF JANUARY 2014/30TH POUSHA, 1935
OP(C).No. 4039 of 2013 (O)
AGAINST THE ORDER IN I.A. 646/2013 IN O.S.329/2011 OF PRINCIPAL SUB COURT, NORTH PARAVUR DATED 5.10.2013
PETITIONER:
SAJIN A.A., AGED 34 YEARS S/O.ALIKKUTTY, VALIYAPEEDIKAKKAL, AMBALATH HOUSE PALAYUR DESOM, GURUVAYUR AMSOM, CHAVAKKADU TALUK THRISSUR DISTRICT.
BY ADVS.SRI.N.M.MADHU
SRI.P.P.HARRIS SMT.C.S.RAJANI
RESPONDENT(S)/RESPONDENTS:-:
1. RANI @ A.L.RATHNAKUMARI, AKKAPPILLY HOSUE, RESIDING AT ALATHURUTHU VADAKKEKKARA VILLAGE, PARAVUR TALUK ERNAKULAM DISTRICT, NOW RESIDING AT NIVEDYAM HILVIEW NAGAR P.O., DHONY - 678 009, OLAVAKKODU PALAKKAD DISTRICT.
2. SIMI A.A.,
D/O.ALIKKUTTY, VALIYAPEEDIKAKKAL, AMBALATH HOUSE PALAYUR DESOM, GURUVAYUR AMSOM, CHAVAKKADU TALUK THRISSUR DISTRICT - 680 506.
3. A.B.RAMESH @ PARAMESWARAN, S/O.BHASKARAN, AKKAPPILLY, ALATHUR VADAKKEKKARA VILLAGE, PARAVUR TALUK ERNAKULAM DISTRICT, NOW RESIDING C/O.LATHA, SAIKRIPA VADAKKUMTHARA, PALAKKAD - 678 001.
4. SIBI A.A.,
D/O.ALIKKUTTY, VALIYAPEEDIKAKKAL, AMBALATH HOUSE PALAYUR DESOM, GURUVAYUR AMSOM, CHAVAKKADU TALUK THRISSUR DISTRICT - 680 506.
R1 BY ADV. SRI.G.SREEKUMAR (CHELUR)
THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 20-01-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C).No. 4039 of 2013 (O)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT P1 : TRUE COPY OF THE PLAINT IN O.S.NO.329/2011 ON THE FILES OF THE PRINCIPAL SUB COURT, NORTH PARAVOOR.
EXHIBIT P2 : TRUE COPY OF THE WRITTEN STATEMENT DATED 22.09.2011 FILED BY THE FIRST RESPONDENT.
EXHIBIT P3 : TRUE COPY OF THE APPLICATION FOR AMENDMENT IN I.A.NO.646/2013 IN O.S.NO.329/11 FILED BY THE FIRST RESPONDENT.
EXHIBIT P4 : TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER AND SECOND RESPONDENT WITH THEIR DECEASED MOTHER TO EXT.P3.
EXHIBIT P5 : TRUE COPY OF THE ORDER DATED 05.10.2013 IN I.A.646/2013 IN O.S.329/2011.
RESPONDENT(S)' EXHIBITS
NIL
//TRUE COPY//
P.A.TO JUDGE
JJJ
N.K. BALAKRISHNAN, J.
O.P.(C) No. 4039 of 2013
Dated this the 20th day of January, 2014
J U D G M E N T
Ext.P5 - Order is under challenge. Exhibit P3
application is for amendment of the written statement. Detailed counter statement was filed opposing the amendment, but the learned Sub Judge passed the following order:
“Heard. I.A. Allowed. No cost. Carry
out amendment. Call on 8.11.2013.”
It is a non-speaking and laconic order, which cannot be sustained, the petitioner contends.
O.P.(C) No.4039/2013
-2-
3. In the result this Original Petition is allowed.
Ext.P5 order is set aside. The learned Sub Judge is directed to consider the written statement, application for amendment of the written statement and the objections raised by the petitioner herein opposing the amendment petition and will pass a speaking order within two weeks from the date of production of the copy of this judgment.
Sd/-
N.K. BALAKRISHNAN, JUDGE
//True Copy//
P.A. to Judge
jjj
2 issues framed by the court
Whether a non-speaking order allowing amendment of written statement without stating reasons despite a detailed counter statement is sustainable.
Whether the High Court should set aside the lower court's non-speaking order and direct a speaking order.
Sajin A.A.
Rani @ A.L.Rathnakumari
Simi A.A.
A.B.Ramesh @ Parameswaran
Sibi A.A.
N.K. Balakrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
