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VIJU ABRAHAM
Mytheen Beevi Jameela Beeviathanapuram Village – Appellant
Versus
Miravu Rawther Abdul Majeed Vengavila Purayidom – Respondent
JUDGMENT :
The above original petition is filed challenging Ext P7 order in I.A. No. 1775 of 2017 in O.S. No. 162 of 82 on the file of the Munsiff Court Punalur whereby the application seeking amendment of the plaint was allowed.
2. Petitioners are the defendants in O.S. No. 162 of 82 on the file of the Munsiff Court Punalur, a suit for declaration of title and recovery of possession. The Trial Court decreed the suit which was confirmed in appeal. But this Court in S.A. No. 157 of 2002 set aside the said judgment and decree and remitted back the same for reconsideration, finding that the matter in dispute requires reconsideration by the Trial Court in the light of Mohammedan Law and the parties were permitted to amend the pleadings and reliefs and also to adduce fresh evidence. After the remand, the plaintiff filed I.A. No. 1775 of 2017 in O.S. No. 162 of 82 seeking to amend the plaint. Ext.P6 objection was filed mainly contending that by the proposed amendment attempt is now made to introduce a new cause of action and the same will change the nature of the suit and the same is not in consonance with the observation made by this Court in S.A. No. 157 of 2002. But the said amendment w
Amendments to pleadings must be evaluated on their merits, with all objections duly considered and addressed in a reasoned manner.
(1) Amendment in plaint – Prayer for amendment is to be allowed if amendment is required for effective and proper adjudication of controversy between parties and to avoid multiplicity of proceedings.....
Court's discretion allows amendments even if time-barred, provided they don't change the suit's nature and serve justice.
Amendments to pleadings should be allowed to ensure effective adjudication, provided they do not alter the basic structure of the suit or infringe upon the rights of the opposing party.
Amendments for consequential relief can be made before judgment to ensure comprehensive adjudication of rights.
Court reinforces the right to amend pleadings when substantiated by new evidence, balancing procedural integrity with fairness to parties.
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