ST.THOMAS CATHOLIC CHURCH Vs. ANNAMKUTTY

JUDGEMENT

(1.) AN order allowing an application for amendment of the plaint in a suit for declaration of title and recovery of possession is under challenge. The dispute centres around the plaint B' schedule property comprising of four shop rooms . The extent of the plaint B' schedule property was shown as 6 cents in the plaint. This was sought to be corrected as 2.740 cents by way of amendment of the plaint. The amendment sought for has been allowed by the court below on payment of costs of Rs.1,000.00 (Rupees one thousand only) to the defendants. The defendants have now filed this original petition challenging the order allowing amendment of the plaint .

(2.) THE identity of the property is not altered by the amendment proposed. The boundaries or description of the property is not sought to be altered. Only the extent of the property is sought to be altered by way of amendment. A lesser extent is sought to be shown by way of amendment of the plaint. The original extent of 6 cents is sought to be altered to 2.740 cents by the amendment. The total extent of the plaint A' schedule property of which the plaint B' schedule also forms a part is also sought to be corrected. The misdescription of the property as regards the extent alone is sought to be corrected by way of amendment.

(3.) I am satisfied that the plaintiffs could not have noticed the discrepancy notwithstanding the exercise of due diligence. The court below has exercised its discretion in fixing the costs at Rs. 1,000.00 (Rupees one thousand only) as a condition for allowing the amendment. I do not find any error of jurisdiction in the order impugned warranting interference under Article 227 of the Constitution of India.