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2025 Supreme(Online)(Ker) 46588

IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. NATARAJAN, J
PALAKKAD DECORATIVE PAINTING CONTRACTORS ASSOCIATION – Appellant
Versus
HARIDASAN – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.RAJESH SIVARAMANKUTTY, SRI.ARUL MURALIDHARAN
For the Respondents: SHRI.A.R.GANGADAS, SRI.T.M.SUNIL

This petition is filed by the petitioner / plaintiff for setting aside the order passed in I.A No. 876/2025 under Order VI Rule 17 of CPC , and dismissed by the trial court vide the order dated 11.03.2025.

2. Heard the argument for the learned counsel for the petitioner and the learned counsel for the respondent.

3. The case of the petitioner is that the petitioner filed a suit against the defendant for recovery of Rs.4,00,000/- which was availed by the defendant as a loan during his tenure as President of the Association. The outstanding amount now stands at Rs. 7,00,000/ which is payable by the defendant. As he has failed to repay the amount, the suit came to be filed.

4. The defendant filed a written statement and the issues have been framed and the trial has commenced. The plaintiff adduced the evidence and has also been cross examined by the defendant. At this stage, the counsel for the petitioner / plaintiff has filed an interlocutory application under Order VI Rule 17 of CPC , seeking amendment to the pleadings at paragraph 1 and 5 of the plaint, The amendment sought in paragraph 1 is to correct the name of the Society from "said Kerala Decorative Painting Contractors Assoc

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