R.JAYASIMHA BABU, P.SATHASIVAM
Dr. Suryakala represented by Power of Attorney Agent, Dr. C. Sreekumar – Appellant
Versus
Prema Naidu – Respondent
P.Sathasivam, J.
Aggrieved by the order of the learned trial judge in Application No.2593 of 1999 filed by the plaintiff in C.S.No.30 of 1998 for amendment to her plaint in para 15-A she filed the above appeal.
2. The appellant/plaintiff has filed Civil Suit No.30 of 1998 before the original side of this Court for specific performance of an agreement dated 12. 1995. Pending the suit, the plaintiff has filed Application No.2593 of 1999 in the said suit seeking permission to amend para 15-A of the plaint for inclusion of the words “her nominee or nominees”. The said application was contested by the respondent herein and by order dated 29. 1999, learned trial Judge, after holding that what is sought for is not a casual omission, but a wanton omission and the proposed amendment would cause much hardship to the defendant than the plaintiff dismissed the said application, against which the present original side appeal is filed by the plaintiff.
3. Heard the learned Senior counsel for the appellant as well as learned counsel for the respondent.
4. Theplaintiff and the defendant entered into an agreement of sale dated 12. 1995 whereby the defendant agreed to sell schedule men
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