GOPINATHAN PILLAI Vs. SUMATHYKUTTY AMMA AND ORS.

JUDGEMENT

(1.) The question involved in this Original Petition is whether an application for amendment of the plaint can be maintained in an appeal filed after the enactment of the CPC Amendment Act 22 of 2002.

(2.) The petitioner filed A.S.No.56 of 2010 on the file of the Court of the Additional Subordinate Judge of Kollam challenging the judgment and decree in O.S.No.188 of 2002, Munsiff's Court, Kollam. In the appeal, the petitioner filed an application for amendment of the plaint (I.A.No.3382 of 2010). The lower Appellate Court dismissed the application on the ground that as per the proviso to Rule 17 Order 6 of the Code of Civil Procedure, no application for amendment shall be allowed after the trial has commenced unless the court comes to the conclusion that in spite of due diligence, the party could not have raised the matter before the commencement of trial. The court below also held that on the merits, the application for amendment cannot be allowed.

(3.) Rule 17 Order 6 of the Code of Civil Procedure reads as follows: