High Court Kerala High Court

Peethambaran vs K.Mathew on 8 February, 2010

Kerala High Court
Peethambaran vs K.Mathew on 8 February, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 3844 of 2010(O)


1. PEETHAMBARAN, S/O.KRISHNA PILLAI,
                      ...  Petitioner
2. JANARDHANAN OF DO. DO.

                        Vs



1. K.MATHEW, S/O.K.J.MATHEW,
                       ...       Respondent

2. GEETHA PEETHAMBARAN OF KAVIYOOR HOUSE,

3. VIJAYAMMA OF DO. DO.

4. REMA DEVI OF DO. DO.

5. MAYADEVI JANARDHANAN OF DO. DO.

6. PARAMESWARA PILLAI OF DO. DO.

7. SOMANATHAN P & T QUARTERS,

8. LALITHA SOMANATHAN OF DO. DO.

9. AJITH KUMAR OF DO. DO.

10. K.K.USHADEVI AMMA OF DO. DO.

                For Petitioner  :SRI.RAJEEV V.KURUP

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :08/02/2010

 O R D E R
                        V. RAMKUMAR, J.
                    = = = = = = = = = = = = =
                      W.P.(c).No.3844 of 2010
                   = = = = = = = = = = = = = =
             Dated this the 8th day of February, 2010

                             JUDGMENT

Defendants 4 to 8 in O.S.No.438 of 2002 on the file of the

Sub Court, Kottayam are the writ petitioners. The said suit

instituted by the respondent herein is one for declaration of title,

recovery of possession and other consequential reliefs. As per

Ext.P5 order dated 18.11.2009 on I.A.No.2441/2009, the court

below has permitted the plaintiff to amend the plaint so as to

incorporate the survey number and extent of the property

described in the plaint schedule. It is the said order which is

assailed in this writ petition.

2. The learned counsel for the petitioner made the

following submissions before me in support of the writ petition.

The defendants had specifically raised in the written

statement about the omission to mention the extent and

survey number of the property described in the plaint

schedule. Still the plaintiff did not amend the plaint

schedule. The application for amendment was filed only

after the plaintiff examined as PW1 was cross-examined.

W.P.(c)No.3844 of 2010
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This was an application filed belatedly and in gross

violation of proviso to Order VI Rule 7 C.P.C and the court

below ought not have granted the amendment.

3. I am afraid that I cannot agree with the above

submissions. It is true that the application for amendment was

filed at a belated stage. But the plaintiff was prompted to file the

application on account of the contentions raised by the

petitioners and the other defendants that the description of the

plaint schedule is vague for want of survey number and extent .

It was the said omission which was sought to be supplied by the

amendment, though the application was filed at the fag end of

the examination of the plaintiff as PW1. The court below has

accepted the explanation offered by the plaintiff regarding the

delay and allowed him to amend the plaint schedule by

incorporating the survey number and extent of the property

described in the plaint schedule. I do not think that the

discretion exercised by the court below was unjustified or was to

the extreme prejudice of the defendants. The defendants are not

taken by surprise in the plaintiff seeking to supply the survey

number and extent of the plaint schedule which was specifically

W.P.(c)No.3844 of 2010
3

the defence raised in the written statement.

I do not find any good reason to interfere with Ext.P5 order

passed by the court below. This writ petition is accordingly

dismissed. It goes without saying that the petitioners will

have the liberty to file an additional statement.

Dated this the 8th day of February, 2010.

V. RAMKUMAR, JUDGE

sj