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2015 Supreme(Online)(KER) 41329

HIGH COURT OF KERALA
SUNIL THOMAS, J
K P GOPALANCHETTY – Appellant
Versus
DISTRICT MEDICAL OFFICER – Respondent


JUDGMENT

The original petitioners are the plaintiffs in O.S.No.149 of 2011 of the Munsiff-Magistrate Court, Sulthan Bathery, aggrieved by the dismissal of their applications for amendment of the plaint and also for receiving additional documents filed as I.A.Nos.937 of 2013 and 938 of 2013 by common order dated

08.11.2013.

2. The suit was one for declaration and prohibitory injunction with respect to plaint B schedule properties. After the evidence had commenced, the plaintiffs/petitioners filed I.A.No.937 of 2013 to amend the plaint by making a correction in the name of the second plaintiff and also in the details of the plaint item No.5 property. I.A.No.938 of 2013 was filed seeking permission to produce certain documents. The above documents were resisted by the defendants/respondents contending that the amendments sought to be made were not in the nature of mere correction of a clerical mistake, but they were attempted to mislead the Court and also to bring substantial change in the nature of the suit. The court below by Ext.P1 impugned common order dismissed both applications which are challenged in this original petition.

3. Heard both sides and examined the records.

4. Admittedl

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