KURIEN E KALATHIL Vs. THOMAS

JUDGEMENT

(1.) This Writ Petition is filed challenging Exts. P2 and P4 orders passed by the Sub Court, Nedumangad. The petitioner in the Writ Petition was the 7th defendant in O.S.79/2002. The suit was filed for realisation of balance unpaid purchase money in a sale transaction. The petitioner is a subsequent assignee from the original assignee. The original plaintiff filed the suit as indigent person. After his death the first respondent has been impleaded as additional plaintiff and he was also allowed to continue the suit as indigent person. Subsequently the present petitioner filed an application under O.38, R.9 of the C.P.C. to withdraw the permission granted to the plaintiff to file the suit as indigent person. That application has been dismissed by the impugned order in this Writ Petition. The reason stated is that the petition is highly belated and the suit is already listed for evidence.

(2.) According to the learned Counsel for the petitioner the Trial Court has not considered any of the contentions of the parties and the order is not a speaking order and therefore it has to be set aside and the Court is to be directed to pass proper order.

(3.) Learned Counsel for the contesting respondents on the other hand contended that the attempt of the petitioner is only to delay the passing of decree in the suit which was filed as early as in 2002.