Court reinforces the right to amend pleadings when substantiated by new evidence, balancing procedural integrity with fairness to parties.

JUDGMENT

The original petition has been filed challenging Ext.P25 order, whereby an application for amendment has been rejected on the ground that the petitioner has not made out sufficient cause to show that even after exercise of due diligence, the matter could not be placed before the Court earlier. Another reason stated is that the suit comes under the

10+ year old cases.

2. I have gone through the materials on record and heard the counsel. The amendment has been sought after a report was filed by the Commissioner on 29.06.2022 regarding the properties. The matters which were brought out in the commission report could not have been within the knowledge of the petitioner earlier and it cannot be said that there is no exercise of due diligence in such cases. I find that the petitioner is justified in making the request for amendment.

Such an amendment would only result in a proper adjudication of the dispute between the parties.

3. The counsel appearing for the 1^st respondent raised serious objections for allowing the amendment stating that it is a suit of 2011. I do not find any reason not to allow the amendment particularly since the respondents will not in any manner be prejudiced and will always have a right to file additional written statement.

4. In the result, the original petition is allowed.

Ext.P25 is set aside. IA.No.7 of 2023 in OS.No.438 of 2011 on the file of the Munsiff Court, Kollam stands allowed. The petitioner shall carry out the amendment within one month from today. The respondents will be entitled to file additional written statement, if any to the amended suit. The trial shall proceed thereafter. The parties shall appear before the Court below on 05.02.2026.

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