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1996 Supreme(Ker) 256

P.K.BALASUBRAMANYAN, K.A.ABDUL GAFOOR
Mathew – Appellant
Versus
State of Kerala – Respondent


Judgment :-

Balasubramanyan, J.

This appeal is by the plaintiff. He filed a suit for settlement of accounts and for damages. The relief of accounting was valued at Rs. 15,000/- and the nominal damages was estimated as Rs. 1,000/- and court fee was paid under S.35(1) and S.22 of the Kerala Court Fees and Suits Valuation Act. The second defendant Kerala Financial Corporation filed a written statement disputing the plaint claim. The 8th defendant who was impleaded subsequently as a purchaser in revenue auction of some property belonging to Western Ghats Industrial Development Corporation of which the plaintiff and defendants 5 to 7 were said to be partners, also filed a written statement.

2. On 11.10.1994 the plaintiff made two applications. I.A. 1041 of 1994 was made seeking an amendment of the plaint to incorporate a claim for recovery of damages to the tune of Rs. 2,62,542.80 with interest thereon and to set aside the sale of 2.50 acres of land belonging to the plaintiff and blocked in R.S.260/3B of VemomAmsom. In view of these additional prayers the plaintiff wanted to amend the valuation portion of the plaint to include the claim for damages of Rs. 2,62,542 and valued the relief of










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