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2021 Supreme(Online)(KER) 24382

HIGH COURT OF KERALA
T.I.ABDUL SALAM, J, SUNIL CYRIAC, J, S.C, MEENACHIL CO-OP., J, P.C. ANIL KUMAR, J, P.S.APPU, J, A.C.DEVASIA, J, FIROZ K.ROBIN, J, A.HAROON RASHEED, J, T.R.HARI KRISHNAN, J, J.JULIAN XAVIER, J, H.KIRAN, J, K.R.MONISHA, J, A.R.NIMOD PHILIP, J, T.VARGHESE, J, T.K.RADHAKRISHNAN, J, REJI GEORGE, J, SHAJI THOMAS, J, T.C.SURESH MENON, J, P.H.SHAJAHAN, J
RUKKIYA BEEVI – Appellant
Versus
ABDUL LATHEEF, – Respondent


Advocates:
T.I.ABDUL SALAM SRI.SUNIL CYRIAC,SC,MEENACHIL CO-OP.ARD SRI.P.C.ANIL KUMAR, SC, KSFE LTD.P.S.APPU A.C.DEVASIA FIROZ K.ROBIN A.HAROON RASHEED T.R.HARI KRISHNAN J.JULIAN XAVIER H.KIRAN K.R.MONISHA A.R.NIMOD PHILIP T.VARGHESE T.K.RADHAKRISHNAN REJI GEORGE SHAJI THOMAS T.C.SURESH MENON P.H.SHAJAHAN

JUDGMENT

The petitioner is the plaintiff in O.S.No.150 of 2013 on the files of the Subordinate Judge's Court, Pala. The suit is filed for partition and separate possession of plaint item Nos.1 to 21 belonging to late Sayed Mohammed Rawther, the predecessor-in- interest of the petitioner and respondents 1 to 9. The other respondents are persons in whose favour certain items of properties were alienated by some of the sharers. The challenge in this original petition is against Ext.P8 order, dismissing the petitioner's application for amending the plaint. The reason for dismissal, as discernible from the order, is that the amendment, if allowed, will protract the litigation causing inconvenience to the defendants and to the court. The other reason being that a large number of documents are sought to be produced by the plaintiff and 38 items of changes sought to be made to the pleadings and reliefs, thereby bringing about sweeping changes to the nature of the suit.

2. Learned Senior Counsel appearing for the petitioner submitted that the impugned order goes against the settled law that applications seeking permission to amendment the pleadings are to be construed liberally. It is contend

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