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2005 Supreme(Ker) 734

V.RAMKUMAR
Bhaskaran Nair – Appellant
Versus
P. Chandramathiyamma – Respondent


Judgment :-

The question for consideration in this Writ Petition filed under Article 227 of the Constitution of India is as to whether an order allowing or refusing to allow amendment of pleadings, if not appealable or revisable, is amendable to correction under Articles 226 and 227 of the Constitution of India.

2. It is now well settled that an order granting or refusing to grant amendment of pleadings is not revisable under Sec.115 of the Code of Civil Procedure, particularly after its amendment in the year 2002. Instances are numerous of such orders being challenged before this Court by means of Writ Petitions filed under Art.226 and/or Art.227 of the Constitution of India. It has, indeed, been judicially noticed by the Supreme Court of India that after the amendment of Section 115 of the Code of Civil Procedure, all the High Courts in India are flooded with petitions under Article 227 of the Constitution of India challenging all sorts of interlocutory orders. (Vide Rajeswari v. Puran Indoria – 2005 (7) SCC 60). By the various judicial pronouncement it is now, by and large, settled that there are certain species of amendments which ought to be allowed and certain others which oug







































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