LAWS(KER)-2001-1-51

SANKARANARAYANAN Vs. CHARUMATHI

Decided On January 02, 2001
SANKARANARAYANAN Appellant
V/S
CHARUMATHI Respondents

JUDGEMENT

(1.) THIS C. R. P. is directed against the order dated 11. 8. 1994 in I. A. No. 281/1994 in O. S. No. 443/93 passed by the Munsiff's Court, Kodungallur.

(2.) THE petitioner as plaintiff filed the above suit for realisation of Rs. 15,000/- due under a dishonoured cheque issued by deceased Peethambaran, the predecessor in interest of the respondents. In the plaint the petitioner alleged that the consideration for the cheque was the amount due towards rent etc. THE petitioner filed the above I. A. to amend the plaint by deleting the words ""vlaw mlmpmssou ooolpm'' mentioned in the plaint as the consideration for the cheque. THE lower court dismissed the application by stating that the petitioner has not made out sufficient grounds to amend the plaint.

(3.) IT is pertinent to note that the respondents had contended in the written statement that the consideration stated in the plaint is incorrect and there was no rent due from their predecessor in interest who issued the cheque in favour of the petitioner at the time when the cheque was issued. They have produced rent receipts issued by the petitioner in favour of their predecessor in interest.