SHAJAHAN, S/O ABOOBACKER Vs. ABOOBACKER, KARIPPAYIL VEEDU

JUDGEMENT

(1.) AGGRIEVED by the dismissal of an application for amendment of the plaint by Ext.P10 order by the Sub Court, Pala, the plaintiff in the suit has come up with this Original Petition.

(2.) MOST of the facts are not in dispute. The first defendant in the suit is none other than the father of the plaintiff. The plaintiff was employed abroad. According to the plaintiff, in order to manage his properties while he was abroad, he had executed a general power of attorney in favour of his father. He would also say that he had the intention to avail bank loan for improving his property and that too was a reason to execute the power of attorney. Later he came to know that the general power of attorney was got registered by his father and using that document, assignment deeds were executed in favour of the other defendants. He therefore laid the suit for setting aside the sale deeds and power of attorney executed in favour of his father stating that a fraud had been played on him.

(3.) THE defendants filed their written statement.