The main legal point established in the judgment is that when the parties are aware of the nature of the dispute and no new plea is raised, or the claim in substance is already in the plaint, the amendment should be allowed if no prejudice is caused to the opposite side.

K.A. Mohammed Shafi, J.

The plaintiff/petitioner in I. A. No. 2486/94 in O.S. No. 306/87 on the file of the Sub Court, Trivandrum is the revision petitioner. The suit was filed by the revision petitioner for settlement of accounts with regard to the alleged illegal termination of the contract between the petitioner and the first respondent and for declaration that the termination of the contract at the risk and cost of the petitioner is not legal and proper and for allied reliefs during the pendency of the suit. The petitioner took out an advocate commission to estimate the actual amount due and claimed by the petitioner with the help of an expert commissioner who is a retired Superintending Engineer of the Public Works Department and according to him, the Commissioners filed their detailed accounts. After the commission filed their accounts, the petitioner sought to amend the plaint by filing the above LA. claiming specified amounts under various accounts amounting to Rs. 3,11,130/- offering to pay court fee on that amount, by substituting relief No. (a) and making certain other suitable amendments in other parts of the plaint. Respondents vehemently opposed the amendment of the plaint sought for by the revision petitioner and the court accepting those contentions dismissed the petition by the order dated. 29.6.1994. That order is assailed in this revision petition.

2. The revision petitioner has contended that he has clearly stated in paragraph. 27 of the plaint that the actual specific sum due to him was not ascertainable since amounts are due to him from the defendants and the defendants are entitled to claim adjustment of monies due from him on various counts including the value of materials received by him from the departmental stores during the course of the execution of the contract and therefore, he valued the suit under S.35 of the Kerala Court Fees and Suit Valuation Act, tentatively at Rs. 30,000/- stating that he is ready and willing to pay additional Court fee, if any, necessary. According to him, since the amount claimed by him are quantified in the commission report he is entitled to claim the amount on various heads by paying the requisite court fee and therefore, he sought amendment of prayer (a) and other parts of the plaint.

3. The reliefs (a) and (b) claimed by the revision petitioner in the plaint areas follows:

a) directing a full and complete enquiry into the losses and damages suffered by the plaintiff on account of the acts of omission and commission on the part of the defendants in connection with the implementation and performance of agreement No. 12/sesc/84-85 dated. 20.6.84 and for a full settlement of accounts of all claims arising in favour of the plaintiff out of the said agreement including payment under final bill, value of work done, interest on delayed payments, idling wages, prevented gains, refund of security, retention for the reasons set forth herein.

b) for a declaration that the termination of contract agreement No. 12/sesc/84-85 dated 20.8.84 alleged lobe at the risk and cost of the plaintiff pursuant to proceedings order No. BSC-2278/86/D2 dated. 19.6.1987 of the Superintending Engineer, Buildings and Local Works, South Circle, Trivandrum is not legal and proper and that the plaintiff is relieved off from all contractual obligations and that the plaintiff is exonerated from the responsibility of executing the balance works.

In the above application for amendment of the plaint filed under O.VI R.17 of CP C the revision petitioner seeks to delete the prayer (a) and substitute the following:

"The plaintiff may be allowed to recover from the defendants and their assets Rs. 18,000/ - as idling wages for watchers for a period of one year; Rs. 5,000/- as payment for preliminary and enabling works, Rs. 70,090/- as payment for works done but not included in measurement books; Rs. 48,000/-as payment by way of interest for blocked capital; Rs. 1,00,000/- as payment by way of prevented g