JUDGMENT

The above original petition is filed challenging Ext.P7 order, whereby Ext.P5 application filed by the petitioner seeking to reject the plaint under Order VII Rule 11(d) of the Code of Civil Procedure 1908 (CPC) was rejected.

2. The brief facts necessary for the disposal of the original petition are as follows:

The petitioner is a Grama Panchayat and the defendant in O.S. No. 39/2017 on the files of Sub Court, Neyyattinkara and the respondent herein is the plaintiff in the suit. The said suit is one for realisation and recovery of an amount of Rs.25,65,728/- with interest at the rate of 12% from the defendant and his assets. Subsequently, the respondent/plaintiff without issuing a proper notice as contemplated under Section 249 of the Panchayat Raj Act,1994( for short 'the Act, 1994') amended the plaint and made substantial changes in the relief portion of the plaint. It is averred in the plaint that a notice was issued to the defendant on 19.07.2017, calling up the defendant to grant the relief sought in Ext.P1 plaint. The case of the petitioner is that subsequently, Ext.P1 plaint was amended and an entirely different relief is sought therein as evident from Ext.P3 amended