SANKARAN NAIR Vs. KUMARAN NAIR

JUDGEMENT

(1.) The petitioners are the plaintiffs, who filed O.S.No.34/2012 before the Principal Munsiff's Court, Palakkad seeking a declaration that the two gift deeds executed by the mother of the plaintiffs and defendants are null and void. In the Original plaint, it was averred that the signatures might have been obtained through fraud, coercion or other vitiating circumstances. Subsequently, the plaintiff filed I.A.No.1639/2015 to amend the plaint, so as to incorporate the pleadings that the signatures in the document did not belong to their mother, Kannu Amma.

(2.) Respondents herein, who are the defendants in the suit resisted the said application, contending that the pleadings sought to be incorporated afresh would change nature and character of the original suit.

(3.) After considering the rival pleas, the court below dismissed the application by Ext.P5 on a finding that the character of the suit could not be altered and prejudice will be caused to the opposite party, if the amendment is allowed. The legality and propriety of the reasoning, whereby the trial court dismissed the application, is challenged in this Original Petition (Civil).