It is advisable to consider the application for amendment of the written statement at the time of final disposal of the appeal suit. This is because the amendment if allowed may perhaps necessitate a remand to the trial court. The law in this regard is laid down in Ahamedkutty v. Sub Judge [1990 (1) KLT 716]. The court below has by the order impugned allowed the application for amendment of the written statement pending appeal.
2. I set aside the impugned order and direct the Court of the Subordinate Judge of Kottarakkara to consider I.A. No. 418/2009 along with R.F.A. No. 187/2003 finally. The same shall be done untrammeled by the order impugned and every endevour shall be made to dispose of R.F.A. No. 187/2003 within a period of four months.
The Original Petition is disposed of.
DCS V.CHITAMBARESH JUDGE