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2025 Supreme(Online)(Ker) 49218

IN THE HIGH COURT OF KERALA AT ERNAKULAM
T. R. Ravi, J
S.VANITHA – Appellant
Versus
PADMAKANWAR W/O. NAVARATNA MAL JAIN – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.JACOB SEBASTIAN, SHRI.WINSTON K.V, SMT.ANU JACOB
For the Respondents: SRI.R.HARISHANKAR

Table of Content
1. challenge to prior court order (Para 1)
2. arguments regarding valuation misconception (Para 2)
3. court's decision on amendment for justice. (Para 3)

JUDGMENT

The plaintiff in a suit for declaration and injunction has filed this original petition challenging the order dated 14.03.2022 in I.A.No.130 of 2021 in O.S.No.751 of 2016 of the Court of the Principal Munsiff, Palakkad. The suit was filed in 2016. As per Ext.P1 plaint, the market value of the property has been shown as `18,00,000/- and since the challenge is regarding one half right, court fee has been calculated on `9,00,000/-. A written statement was filed stating that the valuation shown is not correct and that in paragraph No.3 of the plaint, the plaintiff herself has shown the value of the house and compound as more than `75 lakhs. The plaintiff sought amendment of the plaint by removing the words ‘`75 lakhs’ stating that it was an inadvertent mistake and that the sale consideration even as per the document which is impugned was only `9,00,000/- for the half share of the plaintiff. The application has been rejected by Ext.P5 order dated 14.03.2022. The reason stated in Ext.P5 is that the contention that

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