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 also companymented that the plaintiffs were trying to withdraw some admissions in the original plaint.
The High Court was also of the view that the nature and character of the suit is sought to be changed by amending the plaint.
As an example, the Trial Court mentioned that in the Original plaint, they had claimed amount as per the companynter claim granted by the companyrt in an earlier suit and number they want to deviate from that plea.
Venkatarama Reddi, J. Leave granted.
By the impugned order the High Court of Kerala dismissed the Civil Revision Petition filed by the appellants herein, and companyfirmed the order of the Trial Court rejecting the amendment to plaint in O.S. No.
The appeal taken up for hearing.
It was further observed that the amendments would change the very nature and character of the suit.
