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2019 Supreme(Online)(KER) 32088

HIGH COURT OF KERALA
SUNIL THOMAS, J
C.M. PRABHITHA – Appellant
Versus
E.K. PUSHPALATHA – Respondent


Advocates:
SRI.P.B.KRISHNAN, SRI.MANU VYASAN PETER, SRI.P.B.SUBRAMANYAN, SRI.P.M.NEELAKANDAN, SRI.SABU GEORGE, SRI.C.S.MANU, SRI.S.K.PREMRAJ

JUDGMENT

Petitioner is the plaintiff in a suit for realisation of money on the strength of a dishonoured cheque. At the time of cross examination of PW1, a complaint submitted by the plaintiff and her husband to the Police was put to the witnesses and was marked as Ext.B1. The execution of the above document was admitted by PW1. After closing of the evidence, the plaintiff filed I.A.No.1445/2018 to incorporate explanation regarding the circumstances under which the complaint was submitted to the Police. Another prayer in the application was to amend the date of cause of action. The court below by the impugned order allowed the application in part permitting the amendment of the date in so far as it relates to the date of cause of action, but rejected the prayer for amendment of the pleadings. This is under challenge in the present proceedings.

2. Learned counsel for the respondent rightly contended that the amendment of the pleadings to incorporate factual matters to explain the document which was put in cross examination was not permissible. Regarding the amendment, it seems that there is no challenge from either side.

3. Having considered these facts, I find no reason to interfere

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