K.A.MOHAMED SHAFI
Sankaranarayanan – Appellant
Versus
Charumathi – Respondent
K.A. Mohamed Shafi, J.
1. This C.R.P. is directed against the order dated 11.8.1994 in I.A.No. 281/1994 in O.S. No. 443/93 passed by the Munsiff's Court, Kodungallur.
2. The petitioner as plaintiff filed the above suit for realisation of Rs. 15,000/- due under a dishonoured cheque issued by deceased Peethambaran, the predecessor-in-interest of the respondents. In the plaint the petitioner alleged that the consideration for the cheque was the amount due towards rent etc. The petitioner filed the above I.A. to amend the plaint by deleting the words mentioned in the plaint as the consideration for the cheque. The lower court dismissed the application by stating that the petitioner has not made out sufficient grounds to amend the plaint.
3. The petitioner has contended that those words were inserted in the plaint due to an inadvertant mistake committed by his advocate's clerk and he came to know of the mistake committed by the advocate's clerk only on 23.2.1994 when he read the written statement filed by the defendants in this case.
4. It is seen that after the suit was filed in the year 1993, the respondents filed written statement on 25.11.1994 and the lower court had settled the i
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