Case Summary
Anil Kumar, the petitioner, seeks to amend the plaint to fix the northern boundary of a temple property as per an old survey plan. The respondents, Valsala and others, object to this amendment, claiming it is based on a false report.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The application for amendment of the plaint was dismissed due to a lack of satisfactory explanation for the delay and the potential prejudice to the defendants.
Key Reasoning:
The amendment sought by the plaintiff was deemed to change the nature of the suit and was not warranted.
The amendment sought by the plaintiff was deemed to change the nature of the suit and was not warranted.
Why Defendant Won:
Not available
Not available
Supporting Evidence
The amendment as sought for is allowed, it will cause great injustice and prejudice to the defendants and it will put the defence in peril at the fag end of the suit.
Judgment Evidence:
In the result, IA dismissed with costs of the defendants.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Anil Kumar
- Party Age
- 57
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Valsala
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Chithra Loveji
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Hilariyana
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Sudevan
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Usha
- Relation
- W/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- P.Deepa
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Borris Paul
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sudheer Bose
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- P.N.Dilardeep
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Suresh Kumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Refused
Description:
Application for amendment of the plaint.
Evidence:
Hence, for the reasons stated above, the amendment application is only liable to be dismissed and I do so.
Documents & Evidence
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Case Code
OS.
Case Code Year
2012