LAWS(KER)-2022-6-249

AJAS N.S. Vs. JOSE VARGHESE

Decided On June 21, 2022
Ajas N.S. Appellant
V/S
Jose Varghese Respondents

JUDGEMENT

(1.) The original petition is filed to set aside the order in IA 1/2020 (Ext P1) in OS 52/2017 of the Court of the Additional Subordinate Judge, Kottayam.

(2.) The facts in a nutshell, relevant for the determination of the original petition are: The petitioner is the defendant in the above suit, which is filed by the respondent. The respondent had filed IA 1/2020, seeking leave to amend the pleadings. The petitioner had filed Ext P2 objection to Ext P1. However, the court below without considering the objection in Ext P2, has passed Ext P3 order. Ext P3 is vitiated and erroneous. Hence, the original petition.

(3.) Heard; Sri.M.B Sandeep, the learned counsel appearing for the petitioner and Sri.P.Chandy Joseph, the learned counsel appearing for the respondent.