ABDUL SALAM Vs. ASSIDA

JUDGEMENT

(1.) Heard the learned counsel for the petitioner on admission.

(2.) An order in I.A.No.480/2018 in O.P.No.614/2016 passed on 8.1.2019 by the Family Court, Vatakara, allowing leave to amend the pleadings of the wife, the petitioner before the Family Court, is challenged in this O.P. by her husband, who is the petitioner herein.

(3.) The first respondent, who is the original petitioner before the lower court, filed the O.P. seeking to recover value of gold ornaments to the tune of 39 sovereigns or its market value in the alternative, from the petitioner herein and his mother who is the 2 nd respondent. Petitioner and his mother denied the allegations of entrustment and misappropriation and opposed the original petition in the court below. When the case came up for trial, the 1 st respondent filed I.A.No.480/2018 seeking leave to amend the weight and value of gold ornaments claimed in the original petition on the premise that there was clerical mistake in the statement of actual weight of the gold ornaments and the market value. The leave was opposed by the petitioner herein. But the court below, by the impugned order, granted leave to amend by holding that, it was necessary to decide the real questions in controversy between the parties. The said order dated 8.1.2019 is challenged before us by invoking jurisdiction of this court vested under Article 227 of the Constitution of India.