C G GOPUKRISHNAN Vs. JAYASREE VISHUNBHAVAN

JUDGEMENT

(1.) THE order passed by a learned Munsiff striking out the amendment carried out in the plaint which was allowed on terms, for the reason of default in complying the terms, is challenged in this writ petition. A sum of Rs. 300/- was ordered by the learned Munsiff as cost to the defendant/respondent in the petition while allowing the petition for amendment. Plaintiff carried out amendment, but, the costs ordered was not paid. Later on the application moved by the defendant/respondent noticing the lapses on the part of the plaintiff under the impugned order (Ext. P6), the learned Munsiff ordered to strike off the amendment already carried in the plaint.

(2.) I heard the counsel on both sides.

(3.) HAVING regard to the submissions made and also the facts and circumstances presented, I find that striking out of the amendment which was already carried out for non-payment of the costs ordered could have been avoided by directing the plaintiff to pay additional cost over and above the amount already fixed. Petitioner/plaintiff is directed to pay a sum of Rs. 500/- as a pre-condition for carrying out the amendment in the plaint which had already been allowed by the court below, but, struck out later, as indicated above. Costs shall be paid to the counsel for the respondent in the writ petition, within a period of one week. The writ petition shall stand allowed on payment of such cost with Ext. P6 order set aside, and the court below shall permit the plaintiff to carry out the amendment afresh in the plaint, if necessary, by incorporating separate sheets with the plaint. Default in payment of cost will entail dismissal of the writ petition without further orders. For report, post after one week.