SATHYANARAYANAN Vs. NARAYANAN NAMBOOTHIRI

JUDGEMENT

(1.) PETITIONER is plaintiff No.1 in O.S.No.131 of 2009 in the court of learned Sub Judge, Irinjalakkuda. That is a suit for declaration that petitioner and other plaintiffs have right to conduct poojas and other rituals in the temple referred to in the plaint schedule and for other reliefs. Defendants in the suit filed written statement contending that the suit is bad for non joinder of necessary parties.

(2.) THE case was posted for trial in the list. Petitioner and other plaintiffs filed I.A.Nos.3329 and 3819 of 2010 for impleadment of additional defendant Nos. 3 to 13 and for consequential amendment. Those applications were allowed. Apprehension of petitioner is that without completion of steps learned Sub Judge is proceeding to conduct trial in the suit which continues to be in the list. Learned counsel states that of additional defendant Nos.3 to 13 who are impleaded as per order on I.A.Nos.3329 and 3819 of 2010 some of the additional defendants have not so far appeared and some of the additional defendants who appeared have not filed written statement. If this is the situation necessarily, the case cannot be taken up for trial. I therefore direct learned Sub Judge to complete the pre-trial steps before the case is taken up for trial in the list.