BALACHANDRAN NAIR Vs. KAMALAKSHI AMMA

JUDGEMENT

(1.) The order dismissing the application filed by the petitioner seeking for amendment of the plaint during the pendency of the appeal before the appellate Court is the subject matter of challenge in this civil revision petition.

(2.) The petitioner filed the suit for declaration, demarcation and for other relieves. After trial, the preliminary decree as well as the final decree was passed. Not satisfied with the decree, the petitioner filed an appeal before the lower appellate Court. During the pendency of the appeal, he filed an application under Order VI Rule 17 C.P.C. seeking for amendment of the plaint. On considering the objection raised by the defendants, the appellate Court dismissed the same holding that the amendment cannot be permitted as the same would change the entire character of the suit. Assailing the same, this civil revision petition has been filed.

(3.) Mr.Sreekumaran Nair, the learned counsel for the petitioner, while attacking the impugned order on the strength of the decisions in LAKHI RAM v. TRIKHA RAM (A.I.R.1998 S.C.1230) and PUNJAB NATIONAL BANK v. INDIAN BANK AND ANOTHER (2003(4) L.W.347 (SC), would contend that the power for amendment could be liberally exercised even at the appellate stage. As such, the amendment sought for by the petitioner during the appellate stage for the inclusion of one more property would be appropriate as it would avoid the multiplicity of proceedings.