Allowed

Sahadevan v. Kampuram Sree Kurumba Bhagavathi Kshethra Paripalana Committee

Kerala HC19 Dec 2012OP(C)/2294/2012

Case brief

AI extract

What is this about?

The High Court set aside the trial court's order disallowing an application to amend the plaint to correct misdescription of property. The court held an open remand does not bar amendment and allowed the application subject to payment of costs.

What did the court decide?

The application for amendment of the plaint (IA No.3421/2012 in O.S No.540/1995) was allowed. Plaintiffs were liable to pay Rs.15,000 costs.

Sahadevan Vs Kampuram Sree Kurumba Bhagavathi Kshethra… — Property and Title | Kerala HC (2012)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH

¶4

WEDNESDAY, THE 19TH DAY OF DECEMBER 2012/28TH AGRAHAYANA 1934

¶5

OP(C).No. 2294 of 2012 (O)

¶6

-------------------------OS.540/1995 of III ADDL.SUB COURT, KOZHIKODE

¶7

PETITIONER(S):

¶8

1. SAHADEVAN, AGED 73 YEARS S/O.AAVATHAN VEETTIL KULAVAN KALATHINKUNNU AMSOM AND DESOM, KOZHIKODE TALUK.

¶9

2. PREMKUMAR

¶10

S/O.LATE BALAN, KALATHINKUNNU AMSOM AND DESOM KOZHIKODE TALUK.

¶11

3. SATHYAVATHY W/O.LATE BALAN, KALATHINKUNNU AMSOM AND DESOM KOZHIKODE TALUK.

¶12

4. K.A.CHANDRAN S/O.AAVATHAN VEETTIL RAGHAVAN KALATHINKUNNU AMSOM AND DESOM, KOZHIKODE TALUK.

¶13

5. K.A.SREENIVASAN S/O. LATE AAVATHAN VEETTIL RAGHAVAN KALATHINKUNNU AMSOM AND DESOM, KOZHIKODE TALUK.

¶14

6. K.A.SIVARAJAN S/O.LATE AAVATHAN VEETTIL RAGHAVAN KALATHINKUNNU AMSOM AND DESOM, KOZHIKODE TALUK.

¶15

7. K.A.BABU S/O.LATE AAVATHAN VEETTIL RAGHAVAN KALATHINKUNNU AMSOM AND DESOM, KOZHIKODE TALUK.

¶16

BY ADV. SRI.P.V.KUNHIKRISHNAN

¶17

RESPONDENT(S):

¶18

1. KAMPURAM SREE KURUMBA BHAGAVATHI KSHETHRA PARIPALANA COMMITTEE, REPRESENTED BY ITS PRESIDENT K.K.KRISHNANKUTTY KACHERI AMSOM, PUTHIYANGADI P.O, KOZHIKODE 673 021.

¶19

2. KAMPURAM SREE KURUMBA BHAGAVATHI KSHETHRA PARIPALANA COMMITTEE, REPRESENTED BY ITS SECRETARY K.HARILAL KACHERI AMSOM, PUTHIYANGADI P.O, KOZHIKODE 673 021.

¶20

OP(C).No. 2294 of 2012 (O)

¶21

---2---

¶22

3. K.JANARDHANAN S/O.LATE KIZHAKKAYIL KALLIANI AMMA KACHERIAMSOM DESOM, KOZHIKODE TALUK P.O PUTHIYANGADI, KOZHIKODE 673 021.

¶23

4. RATNAKUMAR S/O.LATE BALAN, KALATHIKUNNU AMSOM AND DESOM KOZHIKODE TALUK 673 021.

¶24

R1,2 BY ADV. SRI.R.BINDU (SASTHAMANGALAM) R4 BY ADV. SRI.P.V.ANOOP

¶25

THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 19-12-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶26

OP(C).No. 2294 of 2012 (O)

¶27

APPENDIX

¶28

PETITIONER(S) EXHIBITS

¶29

EXHIBIT P1.	A COPY OF THE PLAINT OS NO.540/1995 ON THE FILE OF SUBORDINATE JUDGE, KOZHIKODE DATED 5.8.1995.
EXHIBIT P2.	A COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN AS NO. 520 OF 1998 DATED 21.11.2011.
EXHIBIT P3.	A COPY OF THE COMMISSION APPLICATION FILED BY THE PLAINTIFFS DATED 2.2.2012.
EXHIBIT P4.	COPY OF COMMISSION REPORT SUBMITTED BY ADVOCATE COMMISSIONER SUBMITTED IN OS 540/1995 BEFORE THE THIRD ADDL.SUB COURT, KOZHIKODE.
EXHIBIT P5.	A COPY OF THE APPLICATION FILED BY THE PETITIONERS AS IA NO.3421/2012 IN OS NO.540/1995 ON THE FILE OF 3RD ADDITIONAL SUB JUDGE, KOZHIKODE TO AMEND THE PLAINT DATED 11.6.2012.
EXHIBIT P6.	A COPY OF THE ORDER DATED 5.7.2012 IN IA NO. 3421/2012 IN OS NO.540/1995 OF 3RD ADDITIONAL SUB JUDGE, KOZHIKODE.

¶30

RESPONDENTS' EXHIBITS

NIL

TRUE COPY

P.A TO JUDGE

SMM

V.CHITAMBARESH,J.

¶36

= = = = = = = = = = =

¶37

O.P.(C) No. 2294 of 2012

¶38

= = = = = = = = = = = == = = = = Dated this the 19^th day of December, 2012

¶39

J U D G M E N T

¶40

The court below has by the order impugned disallowed an application for amendment of the plaint in a suit for recovery of possession on title. The plaintiffs wanted to correct the description of the property in the plaint 'B', 'C',and 'D' schedule to be in tune with the report and plan of the Advocate Commissioner.

¶41

The order of remand in A.S No.520/1998 by this Court shows that the trial court has been directed to consider the suit afresh in accordance with law. It is an open remand and not a restricted remand so as to disable the trial court to allow the application for amendment of the plaint as sought.

¶42

The amendment was sought to adjudicate the real dispute in controversy in the suit by correcting the misdescription of the property in the plaint schedule. The court below erred under the circumstances in rejecting the application for amendment of plaint on the premise that the order of remand

¶43

¶44

O.P.(C) No. 2294 of 2012

¶45

does not permit so.

¶46

The question whether the amended relief could be granted or not is altogether a different aspect. That is a matter to be decided by the trial court finally after affording the defendants an opportunity to file an additional written statement to the amended plaint. It is also open to the defendants to raise the question of limitation therein.

¶47

The impugned order is set aside and I.A No.3421/2012 in O.S No.540/1995 on the file of the Court of the Subordinate Judge of Kozhikode is allowed. This is subject to the condition that the plaintiffs pay a sum of Rs.15,000/- (Rupees fifteen thousand only) as costs to the Counsel for the first respondent in this original petition. The costs shall be paid within a period of one month from today failing which the impugned order will remain intact.

¶48

The Original Petition (Civil) is disposed of.

¶49

V.CHITAMBARESH. JUDGE

¶50

smm

¶51

O.P.(C) No. 2294 of 2012 3

¶52

O.P.(C) No. 2294 of 2012 4

Sahadevan v. Kampuram Sree Kurumba Bhagavathi Kshethra Paripalana Committee

Case brief

What is this about?

What did the court decide?

Sahadevan v. Kampuram Sree Kurumba Bhagavathi Kshethra Paripalana Committee

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Victor Vs Ravi

Vineetha Krishnankutty Vs Sivan

Sudhakaran Vs Special Tahsildar (Lr)

Omana Vs R Anil Kumar

T.D. Paul Vs Guruvijaya Kuri Co. Ltd.

Baby Vs the District Collector Kottayam