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2020 Supreme(Ker) 13

SATHISH NINAN
Sukhalal S/o Late Surendran – Appellant
Versus
Jacob, Rep. by Power of Attorney Holder Abraham S/o Late Ouseph – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Sri. K.S. Hariharaputhran, Smt. Bhanu Thilak.

JUDGMENT :

SATHISH NINAN, J.

1. The application seeking amendment of the written statement was dismissed by the trial court. The said order is under challenge in this original petition.

2. Heard Sri. K.S. Hariharaputhran, the learned counsel for the petitioners.

3. The suit is for declaration of title, recovery of possession, mandatory injunction and allied reliefs. The suit was originally filed against two defendants, the first defendant being the father of the second defendant. Defendants 1 and 2 filed a joint written statement. During the pendency of the suit, the first defendant expired. The other legal heirs of the first defendant were impleaded as additional defendants.

4. The second defendant along with the additional defendants filed I.A. 402/2019 under Order VI Rule 17 of the Code of Civil Procedure seeking “C.R.” amendment of the written statement that was jointly filed by the original defendants 1 and 2. In the original written statement it was stated that the first defendant had obtained 10 cents of property as kudikidappu. As per the amendment application, the said statement was sought to be deleted and an independent title of additional defendants 8 and 12, dehors the righ

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