NOUSHAD Vs. SAROJAM THANKAPPAN

JUDGEMENT

(1.) The order under challenge in this Original Petition (Civil) filed enabling the provisions contained under Article 227 of the Constitution of India is one at Ext.P7 dated 24.11.2017 rendered by the trial court concerned (Munsiff-Magistrate Court, South Paravur) , whereby the application filed by the petitioner/fourth defendant in the Original Suit for transposition as additional plaintiff has been rejected by the court below on the ground that the plea for transposition cannot be considered. The plea for transposition has been rejected as per Ext.P7 mainly on the ground that the suit has already been dismissed as not pressed by the original plaintiff and that without reviewing the said order dismissing the suit as not pressed, the plea for transposition cannot be considered.

(2.) Registry has reported that the conditions in proviso to Rule 51(2) of the Kerala High Court Rules have been duly complied with in respect of service of notice on respondents 3 & 4. Accordingly, it is declared that service of notice on respondents 3 & 4 is duly completed.

(3.) Heard Sri.Joson Manavalan, learned counsel for the petitioner/fourth defendant, and Sri.R.Mohana Babu, learned counsel for respondents 1 & 2 (defendants 1 & 2) . Though notice has been sent to respondents 3 & 4 (defendants 5 & 6) , there is no appearance for those parties. It is submitted by the learned counsel appearing for the petitioner that respondents 5 & 6 are defendants 7 & 8 in the Original Suit and they could be deleted from the party array. Accordingly, it is ordered that notice to respondents 5 & 6 will stand dispensed with.