CHANDRAN Vs. JAYAN

JUDGEMENT

(1.) Dismissal of amendment application filed by the petitioners in A.S.No.30/2015 pending before the Sub Court, Irinjalakuda is under challenge in this Original Petition filed under Article 227 of the Constitution of India.

(2.) Because of non-scheduling of a public way over which the petitioners asserted right, the petitioners filed I.A. No.662/2015 before the appellate court to amend and incorporate the public way omitted to be scheduled in the plaint before the trial court.

(3.) The Amendment Suit was strongly opposed by the respondents on the ground that the amendment would materially affect the nature of the suit. After having considered the rival submissions, the learned Sub Judge dismissed the application.