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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MURALI PURUSHOTHAMAN, J
Sindhulekha.C, D/o. Late Bhaskaran Pillai – Appellant
Versus
Sandhya.C, D/o.Late C.Kallyani – Respondent
| Table of Content |
|---|
| 1. background of the plaintiff and property disputes. (Para 2 , 3 , 4 , 5) |
| 2. court's reasoning on the amendment's impact on the suit. (Para 7 , 11 , 12) |
| 3. arguments for and against the proposed amendments. (Para 9 , 10) |
JUDGMENT :
MURALI PURUSHOTHAMAN, J.
This original petition is filed under Article 227 of the Constitution of India against the order dated 30.01.2020 in IA No. 884 of 2019 in OS No 42 of 2013 on the files of the Sub Court, Payyannur rejecting the prayer of the petitioner for amendment of the plaint. The status of the parties in this judgment will be as referred in the suit.
2. The plaintiff is the only daughter of late C. Kallyani Amma, an Upper Primary School teacher, the original defendant in the suit, born of her wedlock with V. Bhaskara Pilla, who was a teacher at Karivellur Manyaguru U.P. School. The plaintiff was born on 09.04.1969 and her father died after one month of her birth. After the death of Bhaskara Pilla, the defendant resided with one Pariyarathu Padmanabhan, who later committed suicide. The defendant sold the property that belonged to the plaintiff’s father, which was obtained through Partition Deed No. 4532/61 of Krishnapuram SRO, as w
Amendments that fundamentally alter the nature of the suit or withdraw clear admissions should not be permitted under civil procedure rules.
(1) Amendment of plaint – At stage of amendment, merits or correctness of plea sought to be added is not required to be gone into.(2) Amendment of plaint – Partition suit – Mere delay in filing petit....
Amendments to pleadings in partition suits should be liberally allowed to ensure justice and avoid multiplicity of proceedings, without assessing the merits of the amendment at the initial stage.
Amendments to pleadings should be allowed if necessary for determining the real questions in controversy, provided they do not change the nature of the suit or cause prejudice.
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