IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 21527 of 2007(K)
1. AATHRAPULIKKAL VELAYUDHANKUTTY,
... Petitioner
Vs
1. AMBALATHINGAL DEVADASAN, S/O.DAMODARAN,
... Respondent
For Respondent :SRI.K.T.SHYAMKUMAR
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :06/11/2007
O R D E R
M.N.KRISHNAN, J.
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W.P.(C). NO. 21527 OF 2007
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Dated this the 6th day of November, 2007
J U D G M E N T
This writ petition is preferred against the order of the Munsiff,
Parappanangadi, in I.A. No.916/2007 in O.S. No.9/2005. The
petition is one for amendment of the plaint.
2. According to the petitioner, there were some
misdescription in the document regarding the property and therefore
he wants to amend the plaint giving the correct details. The court
below found that there is change in the Plaint Schedule Property and
therefore dismissed the amendment application.
3. I cannot agree with the finding of the learned Munsiff. The
parties are claiming property with respect to certain documents.
Those documents are the basis for the decision in the case. Even if
the plaint amended stating that there is a misdescription in the
document, it will not militate against considering the correctness of
such a contention in the suit in the backdrop of the document under
which the party claims the property. Therefore even if the
amendment is allowed, it will not change the character of the suit and
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it cannot change the property because the question involved still
looms large only on the basis of the document of title claimed by the
party.
Therefore I set aside the order passed by the learned Munsiff
and allow the writ petition with a direction to the court below to permit
the plaintiff to amend the plaint and thereafter give opportunity to the
defendant to file additional written statement.
With the above directions, this writ writ petition is disposed of.
M.N.KRISHNAN, JUDGE
vps
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