IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 18058 of 2008(S)
1. ABRAHAM VARGHESE, S/O.VARGHESE ABRAHAM,
... Petitioner
Vs
1. NISHA ABRAHAM, D/O.ZACHARIAH, AGED
... Respondent
For Petitioner :SRI.K.J.GEORGE KUNNUMPURATH
For Respondent : No Appearance
The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice HARUN-UL-RASHID
Dated :17/06/2008
O R D E R
KURIAN JOSEPH & HARUN-UL-RASHID, JJ.
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W.P.(C) No.18058 of 2008
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Dated this the 17th day of June 2008
JUDGMENT
Harun-Ul-Rashid ,J
The petitioner herein is the 1st respondent in I.A. No. 3575/2007 in
O.P No. 194/2006 on the file of the Family Court Alappuzha. I.A. No.
3575/2007 was filed by the Petitioner in O.P 194/2006 for amending ‘C’
relief to the plaint. The amendment sought for is to insert a prayer to
recover interest at the rate of 24% on the amount due from the petitioner
Ext.P3 is the amendment application. The petitioner herein filed Ext.P4
objection. The Family court after hearing both sides passed Ext.P5 order
allowing the amendment application.
2. The petitioner opposed Ext.P5 order stating that it is a non-
speaking order and was passed without considering Ext.P4 objection. It
is also contended that the amendment sought for, will change the nature
and character of the suit and if allowed,it will result in miscarriage of
justice.
3. We have gone through Ext.P3 petition for amendment . The
amendment sought for is the insertion of a claim for interest at the rate of
24% from the petitioner. The amendment proposed, cannot and will not
W.P.(C) No. 18058 of 2008 -2-
change the nature and character of the suit, nor would it cause any
prejudice to the writ petitioner or other respondents in the original petition
If such an amendment is not permitted it would lead to multiplicity of
proceedings. Therefore the amendment is legal, valid and proper.
Therefore this writ petition challenging the said order is without any merit
and accordingly dismissed.
KURIAN JOSEPH, JUDGE
HARUN-UL-RASHID, JUDGE
es