JOHNSKUTTY JOSEPH Vs. PHILIP ABRAHAM

JUDGEMENT

(1.) Defendant in O.S. No.1 of 1994 on the file of this Court is the appellant. By the impugned order in C.M.P. No. 1229 of 1995, the learned single Judge rejected the prayer of the appellant to amend his pleadings in the written statement by adding two more paragraphs. The learned Judge has stated that the written statement seems to contain averments that are sought to be newly introduced by this petition and the petition is totally misconceived and meant to protract the proceedings. Appellant has challenged this order.

(2.) We heard the learned counsel on both sides.

(3.) Learned counsel for the respondents vehemently contended that the appeal is not maintainable and the matter sought to be introduced being already averred in the written statement, it is unnecessary to repeat the same. Further he contended that the appellant filed such a petition for amendment at a belated stage only with a view to protract the proceedings.