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TMI Blog2016 (10) TMI 812X X X X Extracts X X X X X X X X Extracts X X X X ..... with. It is true that the affidavit in connection with the interrogatories was submitted on 16.6.2014 but the amendment was filed in December, 2014. It cannot be said that there was undue delay in fling the application for amendment. Further the amendment sought for is only clarificatory in nature and it cannot be said that new cause of action has been arisen for that purpose or new case has been introduced. By virtue of adding of the relief also that is not going to affect the structure of the suit as such as his case as a whole was that he was not liable to pay any amount to the department. Further, the amendment will only help the court to decide the case in a right manner and that is required for proper adjudication of the case a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ring Corporation, Railway Station Road, Thrissur. This was filed only on 16.6.2014. Thereafter the petitioner filed Ext.4 petition as IA.No.25998/2014 for amendment of the plaint incorporating a paragraph stating that he has no connection with M/s. Industrial Engineering Corporation, Mannuthi and also seeking an additional prayer as B that his property cannot be proceeded against on the basis of the revenue recovery notice, RR8/64/90 and in prayer A for declaration that he has no liability to pay any amount as claimed and consequently the valuation portion also sought to be amended. The respondents filed Ext.P5 counter stating that the application is highly belated and it was filed after evidence was taken and prayed for disposal of the app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... roceedings against the petitioner on the allegation that he is a partner of M/s. Industrial Engineering Corporation and since he had not paid the amount as assessed by the authorities, revenue recovery proceedings were initiated and so he had filed the above suit originally for a declaration that his property should not be made liable for the liabilities of M/s. Industrial Engineering Corporation, Thrissur. A written statement was also filed stating that he is a partner of the concern and as a partner, he is liable to pay the tax and accordingly the proceedings initiated against him were proper. It is true that the evidence in this case was over. It appears from the documents produced that an interrogatory has been served on the respondents ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he matter before the commencement of the trial. This amendment was introduced by the Amendment Act of 46 of 1999 which was substituted again by Act 22 of 2002 and came into effect from 1.7.2002 with view to avoid unnecessary delay in disposal of the cases at the instance of the parties. But at the same time a discretion has been given to the court under the proviso that such an application can be allowed if the court is satisfied that in spite of due diligence the party could not have raised the matter before the commencement of the trial. 8. It is seen from the documents produced that interrogatories were served by the plaintiff on the defendants seeking them to answer certain interrogatories regarding the liability of the petitioner in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cannot be said that new cause of action has been arisen for that purpose or new case has been introduced. By virtue of adding of the relief also that is not going to affect the structure of the suit as such as his case as a whole was that he was not liable to pay any amount to the department. That is a matter for evidence. So under such circumstances it cannot be said that this could not have been found out by the plaintiff in spite of due diligence as it is within the knowledge of the respondents and only when it was elicited in connection with the interrogatory served and answer to interrogatory served that the petitioner got knowledge about the same and immediately he filed the application. It cannot be said that it was filed with a vie ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... if the respondents want to file any additional statement, an opportunity can be given to them to file additional statement and after giving opportunities to the parties to adduce further evidence if any required on the basis of the amendment, that can be also allowed but at the same time considering the fact that the case is of the year 2011, the court below is directed to expedite the disposal of the suit as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this judgment. If the cost is not paid, then the application for amendment dismissed by the court below will be revived and the court below can dispose of the suit as though there is no amendment application allowed. With the above dir ..... X X X X Extracts X X X X X X X X Extracts X X X X
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