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2002 Supreme(SC) 299

Fritiz T. M. Clement – Appellant
Versus
Sudhakaran Nadar – Respondent


JUDGMENT

P. Venkatarama Reddi, J.-Leave granted. The appeal taken up for hearing.

2. By the impugned order the High Court of Kerala dismissed the Civil Revision Petition filed by the appellants herein, and confirmed the order of the Trial Court rejecting the amendment to plaint in O.S. No. 61 of 1997 (on the file of the Sub Court, Neyyattinkara).

3. A suit was filed for recovery of a sum of Rs. 5,86,268 with future interest towards path-way fee and quarrying fee for various periods. The amendment application was filed at a stage when the suit was ripe for trial. In the affidavit filed in support of the amendment application, it is stated that certain omissions and mistakes crept into the plaint inadvertently and on account of the wrong advice given by the previous counsel engaged by the plaintiffs.

4. The learned trial Judge was of the view that the application was highly belated and moreover the proposed amendments were based on new cause of action and had the effect of changing the entire pleadings. It was further observed that the amendments would change the very nature and character of the suit. It was also commented that the plaintiffs were trying to withdraw some admissions







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