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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MURALI PURUSHOTHAMAN
Thomas P.K., S/o Kuriakose – Appellant
Versus
Kerala State Electricity Board – Respondent
| Table of Content |
|---|
| 1. compensation claims for property damage due to utility operations. (Para 2 , 3) |
| 2. timeliness and relevance of amendment applications in pleadings. (Para 4 , 5) |
| 3. distinction between trial commencement and preliminary proceedings. (Para 6 , 10 , 14) |
| 4. the necessity of amendments for effective adjudication. (Para 9 , 11 , 12) |
| 5. the court's directive for renewed consideration of the amendment. (Para 15) |
JUDGMENT :
MURALI PURUSHOTHAMAN, J.
These original petitions are filed against the common order dated 17.08.2022 in I.A. No.1 of 2022 in O.P.(Electricity) Nos.45 of 2005 and 99 of 2006 passed by the Court of the Additional District Judge – II, Kalpetta.
2. The petitioner is the owner of 0.6680 hectors landed property comprised in Re. Sy No.403 of 2011 of Kaniyambatta Village, Vythiri Taluk, Wayanad District. In November 2003 and April 2005, the Kerala State Electricity Board (the KSEB) drew 33 K.V. electric line through the property of the petitioner for which various fruit bearing and yielding trees were cut and the land was injuriously affected. Since the compensation paid by the KSEB was inadequate, the petitioner filed O.P.(Ele) No.45 of 2005 seeking enhanced compens
Amendments to pleadings are permissible unless trial has commenced, emphasizing the necessity for courts to assess due diligence in such applications.
Order 6 Rule 17 CPC, which reads as amendment of pleadings.
An amendment of the pleadings under Order VI Rule 17 CPC does not alter the nature and character of the suit if the amendment is predicated on the same facts and the same document.
The court permits amendments to pleadings post-trial commencement if necessary for justice, without altering the suit's nature.
Amendments to pleadings under Order VI Rule 17 of CPC should be allowed if necessary for determining real issues, provided they do not cause injustice to the other party.
Court's discretion allows amendments even if time-barred, provided they don't change the suit's nature and serve justice.
Amendment of Written Statement - Admissions made in the pleadings cannot be permitted to be withdrawn by amendment, but application may be made for explaining the clarification in the admissions.
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