RUHAILA BEEVI Vs. SUVARNA SATYAN

JUDGEMENT

(1.) The defendants in O.S. No. 496 of 2005 on the file of the Additional Sub Court, Kollam, challenge the order dated 16-9-2010 in LA. No. 3329 of 2010, by which the court below dismissed the application for amendment of the written statement.

(2.) The suit was filed by the respondent for realisation of money on the foot of a promissory note. In the written statement filed by the defendants, the execution of the promissory note was denied. They contended that there was no money transaction between the plaintiff and the defendants at any point of time and there was no occasion for execution of any promissory note. In short, the case of the defendants in the written statement was a total denial.

(3.) The suit was listed for trial on 16-9-2010. That date was fixed in open court when the case was called on 15-7-2010. The proof affidavit of the plaintiff was also filed on 16-9-2010.