Case brief
What is this about?
Kerala High Court, OP (FC) No.156 of 2025, decided 03.04.2025 by Devan Ramachandran, J. and M.B. Snehalatha, J. (Deepti Ambali v. Nishanth.M and Geetaha). Petitioner's claim before Family Court, Vadakara (OP No.281/2022) for return of gold ornaments and money; after IA No.1/2023 amendment was allowed, her second amendment application IA No.1/2024 (amending schedule of ornaments and striking off part of earlier amendments) was dismissed as lacking diligence. Held: subsequent amendment application maintainable under Order VI Rule 17 CPC before commencement of trial despite earlier allowed amendment; liberal construction; no prejudice shown; Ext.P5 set aside and IA No.1/2024 allowed. Keywords: amendment of pleadings; Order VI Rule 17 CPC; resiling from earlier amendments; lack of diligence; schedule of gold; Family Court Vadakara.
What did the court decide?
Original Petition allowed; Ext.P5 set aside; consequently IA No.1/2024 in OP No.281/2022 allowed; learned Family Court directed to proceed with the matter as per law without any avoidable delay.