LAILA Vs. SOOSAMMA CHACKO

JUDGEMENT

(1.) Challenging Ext.P5 order in I.A.No.74 of 2013 in O.S.No.357 of 2011 of the Principal Sub Court, Kottayam, dated 15.6.2013, the first defendant came up with this petition.

(2.) The said application was filed by the first respondent/ plaintiff for amending the plaint, incorporating a prayer for a declaration that the conveyance made by the defendant in favour of her daughter, who is not a party to the suit, is a fraudulent transfer intended to defeat the creditors. Another prayer for impleadment of the beneficiary under the document of transfer was also incorporated in the said application. The said application was allowed by the lower court, allowing impleadment of the defendant's daughter, the beneficiary under the settlement deed, as additional defendant in the suit (2nd defendant) and allowing amendment of the plaint. Aggrieved by the said order, the first defendant came up with this petition.

(3.) Heard Sri.John Joseph Vettikad, learned counsel appearing for the petitioner, Sri.Alias M. Cherian, learned counsel appearing for the first respondent and Sri.P.K.Nijoy, learned counsel appearing for the second respondent.