SAJI VARGHESE Vs. KUNJUMOL GEORGE AND ORS.

JUDGEMENT

(1.) The main prayers in this Original Petition (Civil) filed under the enabling provisions contained in Article 227 of the Constitution of India are as follows:

(2.) Heard Sri.S.Shanavas Khan, learned counsel appearing for the petitioner/plaintiff. In the nature of the order that is proposed to be passed in this petition, notice to the respondents/defendants will stand dispensed with.

(3.) The order under challenge is the one at Ext.P-5 dated 5.2.2018 rendered by the Munsiff's Court, Mavelikkara, whereby application filed by the petitioner as Ext.P-3 I.A.No. 384/2018 in O.S.No. 544/2015 seeking amendment of the pleadings in the plaint, has been allowed in part and the same has been dismissed to the limited extent it deals with the amendment of paras 3 and 9 of the plaint. The petitioner is the plaintiff in Ext.P-1 O.S.No. 544/2015 on the file of the Principal Munsiff's Court, Mavelikkara, in which the respondents herein are the defendants therein. The said suit for realization of money based on cheques. As per Ext.P-3 application the petitioner has sought three amendments of Ext.P-3 application out of which, prayer Nos.1 and 3 have been allowed and prayer No.2 alone has been rejected. Prayer No.2 of Ext.P-3 I.A. deals with amendments of the pleadings in paras 3 and 9 of Ext.P-1 plaint to the extent it deals with the date of the cheque and the date on which money was handed over. The plaintiff had handed over an amount of Rs. 5 lakhs to the predecessor in interest of the defendants on 11.11.2015 and that the said predecessor had thereupon issued a cheque dated 11.11.2015 for Rs. 5 lakhs. It is the case of the petitioner/plaintiff that the said averments in paras 3 and 9 of the plaint are evidently mistakes inasmuch as in para 4 of the plaint it is clearly stated that the said cheque mentioned in para 3 is a post dated cheque. That obviously, if the cheque is post dated, then there is no question of handing over a cheque dated 11.11.2015 in respect of the money handed over on 11.11.2015 and that as a matter of fact, the money was handed over on 11.11.2014, upon which the predecessor of interest of the defendants had handed over a post dated cheque dated 11.11.2015 for Rs. 5 lakhs.