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OS.No.414/2022

Case between Shajahan vs Muhammed Nazar regarding amendment of pleadings

Court
COURT OF ADDITIONAL MUNSIFF (RCC)
Judge
Smt.Salini.B
Order Date
2025-01-08
Duration
Case Code No.
414
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

Shajahan is the plaintiff seeking to amend the pleadings in a suit against Muhammed Nazar, the defendant, who disputes the amendment relating to a cheque. The court considers the validity of the proposed amendment to the original plaint.

Judgment Outcome

Defendant Won
Interim Order
The court dismissed the plaintiff's petition for amendment, ruling that it sought to change the fundamental nature of the case with inconsistent statements.
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the plaintiff's petition for amendment, ruling that it sought to change the fundamental nature of the case with inconsistent statements.
Key Reasoning:
The proposed amendment fundamentally changed the nature and character of the case and introduced new, inconsistent facts.
Why Defendant Won:
Not available
Supporting Evidence
The proposed amendment fundamentally changes the nature and character of the case and also introduction of new facts which was within the knowledge of the plaintiff at the time of filing of suit cannot be allowed to be incorporated through amendment of pleadings in the later stage of the proceedings.

Judgment Evidence:

In the result, this petition is dismissed.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Shajahan
Party Age
49
Relation
S/o
Party Role
Defendant
Party Name
Muhammed Nazar
Relation
S/o
Plaintiffs Documents
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Sri.K.Jayachandran
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Smt. Geethakumari.S
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Sri. Akhil.J.Chandran
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Smt. Arya.J.Chandran
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Sri. G.S.Prakash
Appearance Type
Main Counsel

Reliefs

Relief Type: Other
Outcome: Refused
Description:
The plaintiff sought to amend the pleadings regarding a cheque.
Evidence:
Hence point No.1 is not found in favour of the petitioner.

Documents & Evidence

Document Type: Cheque
Submitted By: Plaintiff
Relevance:
The plaintiff referenced a cheque issued by the defendant for the debt amount as part of the amendment pleadings.
Reference:
null

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Inconsistent pleadings
Case Code
OS.NO.
Case Code Year
2022

Quick Facts

Location
THIRUVANANTHAPURAM
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Case Filed
Case Closed
From
Wed, 01/01/2025 - 12:00
To
Fri, 01/31/2025 - 12:00
Outcome Confidence
75%

Involved Entities

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