Gopi Pillai vs Dr. Swamy

Murtaza Fazal Ali, J.—Heard counsel for the parties. In this appeal by special leave, the Plaintiff sought an amendment of the plaint in order to add a relief of possession in case he was pot found to be in possession of the property in dispute. The amendment was sought for at rather early stage, i.e., before the trial was over and it neither alters the nature of the suit nor it works any serious injustice to the Defendant who would certainly be entitled to file an additional written statement in order to rebut the allegations made in the amended plaint. The Defendant is however, entitled to be adequately compensated as the amendment was sought for after quite a number of witnesses had been examined by the trial court. We, therefore, accept this appeal, set aside the order of the High Court and the Trial Court and allow the amendment sought for by the Plaintiff-Appellant who will file his amended plaint within two months from today. The Plaintiff shall pay a cost of Rs. 500 to the counsel for the Defendant within three weeks from today failing which this appeal shall stand dismissed without farther reference to the Bench.