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IN THE HIGH COURT OF KERALA AT ERNAKULAM
DEVAN RAMACHANDRAN, M.B.SNEHALATHA, JJ
MELBIN.M.B – Appellant
Versus
SHIKHA.T.S – Respondent
| Table of Content |
|---|
| 1. challenge to family court order on amendment application. (Para 1 , 2) |
| 2. arguments regarding potential prejudice from proposed amendments. (Para 4 , 5) |
| 3. final ruling on the dismissal based on established legal standards. (Para 6 , 12) |
| 4. court's considerations on the procedural rules for amendments. (Para 8 , 9 , 10 , 11) |
JUDGMENT
M.B.Snehalatha.J Petitioners, who are the respondents in O.P.No.2854/2021 of Family Court, Ernakulam, assail Ext.P5 order of the said Court, by which it dismissed Ext.P3 application filed by them under Order VI Rule 17 of the Code of Civil Procedure (CPC) seeking amendment of the counterclaim.
2. O.P.No.2854/2021 was filed by the respondent herein/wife seeking return of her gold ornaments and patrimony from the petitioners herein. Petitioners, who are the husband and in-laws, filed counter statement along with a counter claim for return of 10 sovereigns of gold ornaments from the respondent/wife. After the evidence of the respondent/wife was closed and the case was posted for evidence of the petitioners, they filed Ext.P3 application for amendment of the counterclaim, stating that there occurred certain clerical and typographical errors
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