C. BALAN NAIR, S/O. KUNHIKELAPPAN NAIR, CHAMARY HOUSE, KURUVANGAD. P.O, KOYILANDY TALUK, KOZHIKODE DISTRICT Vs. JAYAN, PROPRIETOR, M/S. GAYATHRI TRADING AND MALABAR EXIM, NETHAJI LANE, CHETHIPUZHA, THRISSUR, PIN-680621,

JUDGEMENT

(1.) THE suit as originally filed is for a declaration that a sum of Rs. 1,13,03,133/ - with interest is due from the defendant validly charged on his assets. The plaintiff later filed an application for amendment of the plaint seeking to quantify the damages caused (due to mental agony, loss of esteem, loss of market value etc.) to Rs. 5,00,000/ - without altering the total claim made in the plaint. The plaintiff also wanted to specify the assets owned by the defendant on which the amount should be charged as plaint 'B' schedule property. The amendment sought for has been disallowed by the court below which is impugned in this original petition. The nature of the suit is not altered by the proposed amendment and no vested right accrued to the defendant is lost by such course. The plaintiff has merely quantified the loss suffered due to mental agony, loss of esteem and loss of market value at Rs. 5,00,000/ - without altering the original claim of Rs. 1,13,03,133/ -. The plaintiffs also wanted to specify that the plaint 'B' schedule property are the assets owned by the defendant on which a charge should be clamped for the plaint claim. There was no justification on the part of the court below in having disallowed the amendment to the plaint as sought for.

(2.) IT is ofcourse true that there is some latches on the part of the plaint in not taking steps earlier for amendment of the plaint. Such latches can be condoned by directing the plaintiff to pay costs to the first defendant who is concerned with the amendment now sought for. The impugned order is set aside and I.A.No.283/2011 in O.S.No.30/2007 on the file of the Court of the Subordinate Judge of Koilandy would stand allowed. This is subject to the condition that the plaintiff/petitioner pays a sum of Rs. 10,000/ - to the counsel for the first defendant in this original petition within a period of three weeks. The impugned order will remain intact in case the plaintiffs omits to pay the costs as directed in time. The original petition is disposed of.