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G. RAMACHANDRAN NAIR versus P.N. JANARDHANAN NAIR, S/O. KRISHNA

High Court of Kerala

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G. RAMACHANDRAN NAIR v. P.N. JANARDHANAN NAIR, S/O. KRISHNA - WP(C) No. 1242 of 2005(W) [2007] RD-KL 10581 (19 June 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 1242 of 2005(W)

1. G. RAMACHANDRAN NAIR,
... Petitioner

Vs

1. P.N. JANARDHANAN NAIR, S/O. KRISHNA
... Respondent

For Petitioner :SRI.BASANT BALAJI

For Respondent :SRI.S.MUHAMMED HANEEFF

The Hon'ble MR. Justice PIUS C.KURIAKOSE

Dated :19/06/2007

O R D E R

PIUS C. KURIAKOSE,J.


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W.P.(C) No.1242 of 2005
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Dated: 19th June, 2007



JUDGMENT

Ext.P4 order dismissing an application for amendment of plaint is under challenge in this Writ Petition under Article 227 of the Constitution. The learned Munsiff has dismissed the application on the reason that the petitioner is guilty of suppression of material facts. The learned Munsiff has also noticed that the real objective is to escape from the proceedings which were sought to be initiated against the petitioner for having suppressed material facts with the objective of obtaining interim orders of injunction. The court has even found that the petitioner perpetrated fraud on the court. Not that this court views play of fraud on courts lightly. But it appears to me that granting of the amendment application will not cause legal prejudice to the respondent-defendant in the context of his contentions in the suit. But having suppressed material facts from the court the petitioner is not entitled to have the amendment application allowed unless it be on very stringent conditions. Setting aside Ext.P4 I allow the amendment application I.A.No.2007 of 2004 to a limited extent. I.A. will stand allowed to the extent of permitting the petitioner to incorporate the additional pleadings sought to be incorporated along W.P.C.No.1242/05 - 2 - with the existing pleadings in the plaint. In other words, the pleadings already existing in the plaint will remain and along with them the additional pleadings will also be incorporated. The above order will be subject to the condition that the petitioner pays a sum of Rs.5000/- to the respondent either directly or through his counsel in this court within one month from today and similarly remitss a further amount of Rs.1000/- with the Kerala High Court Legal Services Committee within the above time-limit. If payments as directed above are not made, Ext.P4 will stand confirmed and the Writ Petition will stand dismissed. If the payments are made as directed above, the I.A. will stand allowed to the extent indicated hereinabove in which case the respondent will be permitted to raise additional contentions. The Writ Petition is allowed as above. No further costs.

srd PIUS C.KURIAKOSE, JUDGE


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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