(1.) This Original Petition (Civil) is filed challenging Ext.P5 order rejecting a prayer for amendment of the plaint in O.S.No.93/2011 on the file of the Sub Court, Kattappana. When this matter is taken up today, I have heard Sri. N. James Koshy, the learned counsel appearing for the petitioners and Sri. K.K. Chandran Pillai, the learned senior counsel appearing for respondents 1 to 3 on the instructions of Smt. S. Ambily.
(2.) The learned senior counsel appearing for respondents 1 to 3, who were contesting the matter before the Court below, would submit that, without standing on technicality, Ext.P5 order may be set aside and Ext.P4 application for amendment may be allowed, so that the trial of the suit can be expedited. He submits that, though he has valid contentions in support of Ext.P5 order, no such objection is being raised only with a view to ensure that the matter is expeditiously disposed of.
(3.) Taking into account the submissions of the parties, this Original Petition (Civil) will stand disposed of on the following terms:-