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2023 Supreme(Online)(KER) 582

HIGH COURT OF KERALA
C. JAYACHANDRAN, J
DAMODARA PANCIKAR – Appellant
Versus
LEKSHMIKUTTY AMMA @ LEKSHMI AMMA – Respondent


Advocates:
RINNY STEPHEN CHAMAPARAMPIL, ASHA ELIZABETH MATHEW, K. RAJESH KANNAN

J U D G M E N T

Dated this the 21st day of December, 2023 The petitioners herein are defendants 1 and 2 in O.S.No.420/2015 of the Munsiff Court, Chengannur. They are aggrieved by Ext.P7 order, which refused Ext.P5 application for amendment of the written statement.

2. Heard the learned counsel for the petitioners and the respondents.

3. Learned counsel for the petitioners submitted that, despite a specific title being claimed in the plaint on the strength of a sale deed of the year 1971 (Sale Deed no. 1922/1971), the same was not produced along with the plaint, contrary to the mandate of Order VII, Rule 14. Nor was any explanation offered by the plaintiffs in not producing the said title deed along with plaint. The petitioners/defendats filed Ext.P2 written statement without having the advantage of perusing the title deed claimed by the plaintiffs, wherein, they have denied the sanctity of the said title deed, contending that, such a document, as claimed by the plaintiffs, has never come into force and that the defendants have not received any consideration for the same. It was also contended that the document was got registered in favour of the plaintiffs only as a security for a fa

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