J. B. Koshy, J.

1. This revision petition is filed by the plaintiffs in O.S.No.215 of 1993 on thefile of the Sub Court, Kattappana. The above suit was filed in 1993 fordeclaration of their title and recovery of possession of the plaint scheduleproperty, after setting aside gift deed No.394/1959 and for incidental reliefs.The written statement was filed in 1995 and the case was posted in the readylist in January 1995. Meanwhile in December, 1994, defendants filed I.A.No.1917 of 1994 to amend the written statement. The above amendment wasallowed by the learned Munsiff on the ground that no prejudice will be causedto the plaintiffs by amending the written statement and nature of the suit willnot be changed. The amendment sought for could not in any way cause anyinjustice to the plaintiffs. The necessary averments for the present amendmentwere already made in the earlier written statement itself. Therefore, learnedMunsiff found that amendment application can be allowed. This order ischallenged mainly on the ground that the plaintiffs were not allowed to file anobjection to the above.

2. It is the case of the revision petitioners that notice of the petition was givento them on 13-