A party may raise amendment issues in appellate proceedings if the trial court denies the application.

JUDGMENT

The petitioner has approached this Court against the order passed by the Munsiff court, Chavakkad. By the said order, the learned Munsiff found that if the amendment sought for was allowed, it would change the entire structure of the suit, and hence, after the examination of few witnesses, such an attempt could not be permitted. The court also noted that the said petition was filed by the defendant after posting the suit for a final hearing.

2. The learned counsel for the petitioner submitted that unless the amendment is allowed the very purpose of the defence would be defeated.

3. After going through the records available before this Court, I do not find any reason to interfere with the said order, by invoking the extraordinary jurisdiction of this Court under Article 225 of the Constitution of India . However, the petitioner is at liberty to raise those matters in case the ultimate result of the suit turns against her and she carries the matter to the appellate court. In that circumstance, the appellate court will consider on merit whether the amendment application ought to have been allowed or not.

The Original Petition is disposed of as above.

Sd/-

P.KRISHNA KUMAR, JUDGE dlk/31.01.

APPENDIX OF OP(C) 1036/2015 PETITIONER'S EXHIBITS EXHIBIT-P1 TRUE COPY OF PLAINT IN O.S.NO.881/2009 OF MUNSIFF'S COURT CHAVAKKAD.

EXHIBIT-P2 TRUE COPY OF WRITTEN STATMENT IN OS NO.881/2009 OF MUNSIFF'S COURT, CHAVAKKAD.

EXHIBIT-P3 TRUE COPY OF MADATORY INJUCTION PETITION NUMBERED AS IA.NO.110/2010.

EXHIBIT-P4 TRUECOPY OF PETITION FOR AMENDMENT I.A.NO.2128/2015.

EXHIBIT-P5 TRUE COPY OF THE OBJECTION FILED BY THE PLAINTIFF TO THE AMENDMENT PETITION.

EXHIBIT-P6 TRUE COPY OF ORER DATED 28.2.2015 IN I.A.NO.2128/2015 IN O.S.NO.881/2009.