KOMAN GURUKKAL MEMORIAL EDUCATIONAL Vs. K. BALAGOPALAN

JUDGEMENT

(1.) EXHIBIT P7, order dated 11.12.2012 on I.A. No.2042 of 2010 in O.S. No.58 of 2010 of the Munsiff's Court, Hosdurg is under challenge.

(2.) PETITIONERS -plaintiffs filed the suit for declaration and consequential injunction. Later, they filed Ext.P2, application for amendment of Ext.P1, plaint in that they wanted to delete a statement from paragraph 5 of the plaint. That application was initially allowed by the learned Munsiff as per Ext.P5, order which was set aside by this Court by Ext.P6, judgment in O.P(C) No.2029 of 2011 as it was cryptic. Later, learned Munsiff passed Ext.P7, detailed order dismissing Ext.P2, application.

(3.) LEARNED counsel for respondents 1 and 2 contends that there is a vital admission made by the petitioners in paragraph 5 of the plaint as to the management of the two schools involved. It is contended that according to respondents 1 and 2, the said schools are managed by the 1st petitioner trust and in the circumstances the statement in paragraph 5 of the plaint may not be allowed to be deleted by amendment.