JUDGMENT :

The petitioner is the defendant in O.S.No. 61 of 2019 on the files of the Sub Court, Sulthan Bathery. The suit is filed, seeking to cancel two assignment deeds registered by the respondent in favour of the petitioner. After the petitioner filing his written statement, respondent amended the plaint. Thereupon, the petitioner filed additional written statement. Later, when the case was listed for trial, the petitioner filed I.A.No.15 of 2021 seeking to amend the written statement. Plaintiff opposed the application, contending that the amendment is totally misconceived and filed only for the purpose of protracting the suit. The trial court dismissed the amendment application vide Ext. P5. Hence, the original petition.

2. The amendment application was dismissed finding that the attempt of the petitioner is to withdraw the admissions in the written statement and to incorporate new contentions. The trial court also found the petitioner guilty of wanton negligence and callousness.

3. Sri.R.Sudhish, learned Counsel for the petitioner assailed the findings and submitted that the purpose of amendment is to withdraw certain portions from the written statement and to incorporate identi