Under challenge is Ext.P7 order whereby the court below refused to allow the amendment application filed by the petitioner. 2. The petitioner is the defendant in O.S.No.75/2011 pending before the Sub Court, Chengannur. The petitioner moved an application for amendment of the written statement and the court below found that the said amendment has no relevance to the issue involved in the suit and that it is a ploy adopted to have the suit removed from the list.
3. Learned counsel appearing for the petitioner points out that the amendment sought for relates to issuance of notice in the wrong address and that has material bearing on the suit.
4. After having heard the learned counsel for the petitioner and also after having perused the records, it appears that the court below was justified in its view that it is nothing but a ploy O.P.(C) No.2875/2014 2 adopted by the petitioner to delay the trial of the suit. It is significant to notice that there was an earlier application for amendment as I.A.No.79/2014 and the amendment now sought for could have been included in that petition. Without doing so, after the suit is posted for trial the present petition was filed with no definite purpose.
5. The court below was perfectly justified in taking the view that it is nothing but an attempt to have the trial of the suit delayed. This Court finds no grounds to interfere with the order of the court below.
This petition is without merits and it is accordingly dismissed.
Sd/-
P.BHAVADASAN JUDGE smp