IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 27TH FEBRUARY 2009 / 8TH PHALGUNA 1930 WP(C).No. 6422 of 2009(O) ------------------------- I.A. NO.3408/2008 IN OS.96/2008 of PRL.MUNSIFF COURT, PALAKKAD .................... PETITIONER(S): --------------- ABDUL KARIM, S/O.LATE LEVA SAHIB, NEAR JUMA MESJID CHULLIMADA, PUDUSSERY CENTRAL VILLAGE,PALAKKAD. BY ADV. SRI.A.R.GANGADAS RESPONDENT(S): --------------- 1. DHANALAKSHMI AMMAL, W/O.LATE RAMU GOWDER VADAKKANTHARA ROAD,VADAKKANTHARA AMSOM, PALAKKAD TALUK. 2. SIVALINGAPPA GOWDER,S/O ANANTHARAMA GOWDER, MUTHALALIPATHAYATHIL, CHULLIMADA, PUDUSSERY CENTRAL VILLAGE, PALAKKAD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- W.P.(C).No.6422 of 2009 --------------------------------------------- Dated this the 27th day of February, 2009 JUDGMENT The petitioner is the first defendant in O.S.No.96/08 on the file of the court of the Principal Munsiff of Palakkad. The first respondent/plaintiff filed I.A.No.3408/08 for amendment of plaint. The application was allowed by the court below as per Ext.P7 order dated 12th January 2009. Ext.P7 order is under challenge in this Writ Petition. 2. By the amendment sought to be introduced, the survey number of item No.4 of the plaint schedule is sought to be changed and the resurvey number is sought to be introduced. There is no change in respect of the boundaries of the property or the description of the property or the measurement of the property. There was no delay in filing the application for amendment. The court below held that by allowing the amendment, the nature and character of the suit would not be changed. The court below noticed that by allowing the amendment, no prejudice would be caused to the defendants. 3. The learned counsel for the petitioner pointed out that WPC No.6422/2009 2 in the title deed of the plaintiff, which is marked as Ext.P2 in the Writ Petition, the survey number noted is 806/B and that survey number was shown in the plaint. He also pointed out that the first defendant has obtained purchase certificate from the Land Tribunal in respect of survey No.806/13. Now, by the amendment, the plaintiff seeks to amend the survey number of item No.4 from 806/B to 806/13. The counsel submits that the first defendant would be seriously affected if his property is included in the suit, by the amendment. 4. These are all matters for consideration by the court on the merits of the case at the time of disposal of the suit. At the time of considering the question whether the amendment of plaint should be allowed, the truth or falsity of the averments or the sustainability of the plea need not be considered. The court below was justified in allowing the amendment. I do not think that the court below committed any error of jurisdiction in allowing the amendment. The Writ Petition lacks merit and it is accordingly dismissed. K.T.SANKARAN, JUDGE csl