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1996 Supreme(Ker) 394

K.A.MOHAMMED SHAFI
Majeed – Appellant
Versus
State of Kerala – Respondent


Judgment :-

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 amendme


















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