IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 22ND DECEMBER 2011 / 1ST POUSHA 1933 OP(C).No. 4262 of 2011(O) ------------------------- IA NO.1406/2011 IN OS.15/2009 of MUNSIFF COURT,ALUVA .................... PETITIONER/IST RESPONDENT/IST DEFENDANT ----------------------------------------------------------- JAWAHAR ALIAS RAJU, S/O.ALI, AGED 45 YEARS, MANAKKAPARAMBIL, THAIKKATTUKARA, ALUVA WEST VILLAGE, ALUVA TALUK. BY ADV. SRI.T.H.ABDUL AZEEZ RESPONDENT(S): PETITIONERS/PLAINTIFFS & 2ND RESPONDENT/2ND DEFENDANT ----------------------------------------------------------------- 1. SAMEER, S/O.ABDUL KHADER, MANAKKAPARAMBIL, THAIKKATTUKARA, ALUVA WEST VILLAGE, ALUVA TALUK-683 106. 2. BEEPATHUMMA, W/O.ABDUL KHADER, MANAKKAPARAMBIL, THAIKKATTUKARA, ALUVA WEST VILLAGE, ALUVA TALUK-683 106. 3. SHAMSU, S/O.ALI, MANAKKAPARAMBIL, THAIKKATTUKARA, ALUVA WEST VILLAGE, ALUVA TALUK-683 106. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 22/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(C)NO.4262/2011 APPENDIX PETITIONER(S) EXHIBITS EXHIBIT P1- TRUE COPY OF THE PLAINT IN O.S.15/09 FILED BEFORE THE MUNSIFF COURT, ALUVA. EXHIBIT P2- TRUE COPY OF THE AFFIDAVIT AND APPLICATION FOR AMENDMENT FILED BY THE PLAINTIFFS. EXHIBIT P3- TRUE COPY OF THE OBJECTION FILED BY THE DEFENDANTS OPPOSING EXT.P2 APPLICATION FOR AMENDMENT. EXHIBIT P4- TRUE COPY OF THE ORDER IN I.A.1406/2011 IN O.S.15/09 OF THE MUNSIFF COURT, ALUVA. RESPONDENTS' EXHIBITS: NIL //TRUE COPY// THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.4262 of 2011 -------------------------------------- Dated this the 22nd day of December, 2011. JUDGMENT Petitioner is the 1st defendant in O.S.No.15 of 2009 of the court of learned Munsiff, Aluva. That is a suit filed by respondents 1 and 2 against petitioner and the 3rd respondent for a decree for prohibitory injunction against forcible entry into the plaint A schedule and discharging waste water from plaint B and C schedules to the plaint A schedule. After the Advocate Commissioner submitted report and plan, respondents 1 and 2 filed Ext.P2, application to amend the plaint to make boundary description in tune with the report and plan. Petitioner objected to that by Ext.P3. Learned Munsiff allowed the request by Ext.P4, order. That order is under challenge. 2. It is contended by learned counsel that request for amendment is allowed without proper application of mind. It is also contended that amendment when allowed, would alter the nature and character of the suit. 3. No doubt, while deciding an application for amendment learned Munsiff ought to have referred to the contentions raised by parties and passed a better order. But that by itself is not a ground for this Court to interfere under Article 227 of the Constitution of India. It is seen from the order under challenge that having regard to the circumstances including that trial is not yet started, OP(C)No.4262/2011 2 learned Munsiff has of the opinion that amendment could be allowed in the interest of justice. Thus, it is clear from the order that learned Munsiff thought that in the interest of justice amendment could be allowed. 4. I have gone through Ext.P2, application and Ext.P3, objection. What could be discerned from Ext.P2, application is that the request is based on the report and plan submitted by the Advocate Commissioner, to make the property description in tune with what the Advocate Commissioner has reported. I am not inclined to think that, that would change nature and character of the suit. Nor would it cause prejudice to the petitioner since as pointed out by learned Munsiff, trial of the case has not commenced. In that view of the matter notwithstanding that the impugned order is not elaborate on various aspects of the matter, I do not find reason to interfere. Petitioner and other contesting defendants have the opportunity to file additional written statement in answer to the amended plaint. Without prejudice to that right of petitioners, this Original Petition is closed. THOMAS P.JOSEPH, Judge. cks