The court permits amendments for recovery of possession in the interest of justice when title has been established.

JUDGMENT

Petitioners have challenged an order whereby an amendment application was rejected. Petitioners are the plaintiffs in O.S.No.664/2014 on the file of the Munsiff Court, Thiruvalla, which has been filed for declaration of title and injunction. It is submitted that during trial, there was a deposition to the effect that the plaintiff is not in possession. In the above circumstances, an amendment was sought for, for recovery of possession as a consequence to the declaration of title. The prayer has been rejected by the court below stating that it could have been sought for earlier. The counsel for the respondents submitted that even though the prayer portion is sought to be amended, there is no amendment sought for in the statement of facts narrated in the plaint and in the court fee portion. It is submitted that if the prayer for recovery is to be added necessarily the court fee payable would change. The counsel for the petitioners sought to place reliance on the judgment of this Court in Parameswaran Nambiar R.N. V. Neelakantan Nambiar (2026 KHC OnLine 1533), wherein this Court had permitted amendment in the interest of justice. That was a suit for title and the prayer for recovery was not included which could lead to an incongruous situation where no relief can be granted despite finding title in favour of the plaintiff. A like situation arises in this case also. However, objections raised by the respondents are also justified.

In the above circumstances, this original petition is allowed.

The petitioners shall file necessary application for amending the court fee portion. If such amendments are sought for, the same shall be considered along with the prayer for amendment of the relief portion by including the relief of recovery of possession, and allowed by the court below. The respondents shall be permitted to file additional written statement to the amended plaint and the trial shall proceed thereafter.

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