TMI Blog2002 (3) TMI 935X X X X Extracts X X X X X X X X Extracts X X X X ..... us periods. The amendment application was filed at a stage when the suit was ripe for trial. In the affidavit filed in support of the amendment application, it is stated that certain omissions and mistakes crept into the plaint inadvertently and on account of the wrong advice given by the previous counsel engaged by the plaintiffs. The learned trial Judge was of the view that the application was highly belated and moreover the proposed amendments were based on new cause of action and had the effect of changing the entire pleadings. It was further observed that the amendments would change the very nature and character of the suit. It was also commented that the plaintiffs were trying to withdraw some admissions in the original plaint. As ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the original plaint/I.A., we are of the view that the proposed amendments are not impermissible in law. The Trial Court as well as the High Court proceeded on a wrong premise that by introducing the amendments, a new case is being made out or a new relief is being sought for. Nor can it be said that any of the pleadings in the amendment application have the effect of retracting from any admissions made in the original plaint. At first blush, it might appear that by the proposed amendments which undoubtedly expand the length of the plaint and seek substitution of certain figures in the relief portion, new pleas and reliefs are sought to be raised; but, on deeper analysis, it is not so. Unfortunately, the original plaint, though set out the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... made in the impugned judgment of the High Court, the alleged stipulation in the agreement regarding the rate and mode of payment of quarrying fee and path-way fee to the appellants and Enose Nadar, and the said Enose Nadar making construction on the mortorable road in October 1989 on his portion of land and thereafter the respondents using the portion of the B schedule road situated in the land of the appellants-plaintiffs and another Sukumaran Nadar and the payment being made to the appellants as well as to the said Sukumaran Nadar are mentioned. There is nothing in these two sub-paras which changes the basis and character of the suit. Nor can they have any prejudicial effect vis-a-vis the defence of Respondents. The other paragraphs added ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ts, the learned counsel for the appellants has fairly conceded that certain allegations in the proposed para 4(d) can be deleted as they are unnecessary for the purpose of the case. They are as follows :- ..in collusion with the aforesaid Enose Nadar and incorporating utter falsehood and making the said Enose Nadar the 3rd defendant who had hand in glove with the defendants and their illegal and fraudulent acts. It was the defendants who engaged Advocate for the 3rd defendant and met the expenses of the litigation for the 3rd defendant. In consequence of that, the defendants made the 3rd defendant take false contentions and let in false evidence through the 3rd defendant so as to suit the case of the defendants (plaintiffs in O.S. 122/ ..... X X X X Extracts X X X X X X X X Extracts X X X X
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