LAWS(KER)-2007-8-83

VIDEOCON INTERNATIONAL LTD Vs. LOGOS TRADERS

Decided On August 23, 2007
VIDEOCON INTERNATIONAL LTD Appellant
V/S
LOGOS TRADERS Respondents

JUDGEMENT

(1.) The question involved in this Revision is whether the court has jurisdiction to extend the period fixed by it for presentation of the plaint in the proper court.

(2.) The revision petitioner filed O.S. No. 216 of 1996 on the file of the Court of the Addl. Subordinate Judge, Ernakulam against the respondents for realisation of a sum of Rs. 5,61,109/-. The plaintiff paid court fee also for that amount. It is stated in the plaint that the cause of action arose on 14-12-1995

(3.) An application for amendment of the plaint was filed by the plaintiff seeking to reduce 1he plaint claim from Rs. 5,61,109/- to Rs. 51,584/-. The application was dismissed by the court on 31-01-1998. The suit was in the list for trial. An application or adjournment of the case was filed by the plaintiff and that application for amendment of the plaint was dismissed and the order rejecting the prayer for adjournment were challenged before this Court in C.R.P. No. 939 of 1998 and 940 of 1998. By order dated 21-06-1999, the Civil Revision Petitions were allowed and the plaintiff was allowed to carry out amendment of the plaint. This Court also directed to restore the suit to file.