JUDGMENT

Aggrieved by the order dated 22.7.2013, in I.A.No.6365 of

2013 in O.S.No.1762 of 2010, of the II Additional Sub Judge, Thrissur, the petitioner/plaintiff came up with this Original Petition under Article 227 of the Constitution of India.

2. The above application was filed by the plaintiff under Order VI Rule 17 of the Code of Civil Procedure for amending the suit by incorporating a prayer for a decree of permanent prohibitory injunction against committing trespass and also from committing waste in the property or obstructing the peaceful possession of the plaintiff. Earlier, the suit was filed for a declaration of title over the property only. The lower court has rejected the said application mainly on two reasons; that the amendment application is filed after the trial is over and that no evidence was adduced regarding the relief which is sought to be incorporated in the plaint by way of amendment. The relevant factor to be looked into by the lower court while entertaining an application for amendment is whether it will alter the nature and character of the suit, if the amendment is allowed. That has not been done by the lower court while disposing of the said application.