2025:KER:24377 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K. BABU FRIDAY, THE 21ST DAY OF MARCH 2025 / 30TH PHALGUNA, 1946 OP(C) NO. 1897 OF 2017 AGAINST THE ORDER IN OS NO.292 OF 2012 OF ASSISTANT SESSIONS COURT/PRINCIPAL SUB COURT / COMMERCIAL COURT, THALASSERY PETITIONERS: * UPPUMAKKAL EALI (DIED) AGED 92 YEARS, W/O MATHAI,AGED 92 YEARS, RESIDING AT AARUMAKKAL,KANICHAR AMSOM DESOM, P.O. MANATHANA,THALASSERY TALUK, KANNUR DISTRICT. *ADDITIONAL P1 TO P3 IMPLEADED. IT IS RECORDED THAT THE PETITIONER IS NO MORE VIDE ORDER DATED 29.10.2018 IN MEMO DATED 25.09.2018. ADDL. P1 JOY A M AGED 44 YEARS, S/O MATHAYI, DRIVER, RESIDING AT AARUMAKKAL, KANICHAR AMSOM DESOM P O, MANATHANA, THALASSERY TALUK, KANNUR DISTRICT. ADDL. P2 BENNY A M AGED 43 YEARS S/O MATHAYI, BUSINESS, RESIDING AT AARUMAKKAL, KANICHAR AMSOM DESOM P O, MANATHANA, THALASSERY TALUK, KANNUR DISTRICT. ADDL. P3 BINU MATHEW A M AGED 40 YEARS, S/O MATHAYI, EMPLOYED ABROAD, RESIDING AT AARUMAKKAL, KANICHAR AMSOM DESOM P O, MANATHANA, THALASSERY TALUK, KANNUR DISTRICT. (PETITIONER DIED. ADDITIONAL PETITIONERS 1 TO 3 ARE IMPLEADED VIDE ORDER DATED 11/02/2019 IN I.A.NO 1/2019) OP(C) NO. 1897 OF 2017 2025:KER:24377 2 BY ADVS. DR V N SANKARJEE V.N.MADHUSUDANAN(K/687/1997) M.M.VINOD(K/778/2002) M.SUSEELA(K/6/2009) KEERTHI B. CHANDRAN(K/001715/2018) VIJAYAN PILLAI P.K.(K/001575/2019) C.PURUSHOTHAMAN NAIR(K/000433/2017) NITHEESH.M(K/112/2021) SUKANYA S.(K/705/2022) KRIPA KRISHNA(K/000902/2018) RESPONDENT: LEELAMMA DEVASSIA AGED 65 YEARS, D/O MATHAI, NOW RESIDING AT MANNANCHERIL,VAYATHUR AMSOM, DESOM, P.O. ULIKKAL,THALASSERY. BY ADV K.V.MANOJ KUMAR THIS OP (CIVIL) HAVING COME UP FOR FINAL HEARING ON 21.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(C) NO. 1897 OF 2017 2025:KER:24377 3 K.BABU, J. ------------------------------------------------------- O.P (C) No.1897 of 2017 -------------------------------------------------------- Dated this the 21st day of March, 2025 J UDGMENT The challenge in this Original Petition is to Exts.P5 and P8 orders passed by the Subordinate Judge's Court, Thalassery, in I.A.Nos.1235/2015 and 11/2016 in O.S.No.292/2012 respectively. 2. The plaintiff is the petitioner. The plaintiff instituted the suit for a declaration that a gift deed No.1225/1997 dated 24.06.1997 of S.R.O, Thalassery was executed by undue influence and fraud. The plaintiff sought for incorporation of amendments in the plaint so as to include a prayer for setting aside the gift deed in question. The trial Court allowed the application as per Ext.P5 order, which reads thus:- “In the result the petition is allowed. The plaintiff is allowed to amend the plaint as prayed for on condition that the amendment will relate back to the suit from the date of amendment application, that is 30.06.2015. Carry out amendment and furnish amended copy of the plaint.” OP(C) NO. 1897 OF 2017 2025:KER:24377 4 3. The plaintiff filed a review petition seeking to review the order to the extent it imposed a condition that the amendment would relate back to the suit from the date of amendment application. The trial Court dismissed the application as per Ext.P8 order. 4. I have heard the learned counsel for the petitioner/plaintiff and the learned counsel for the respondent/defendant. 5. It is contended that Ext.P5 order does not contain the reason for putting the condition that the amendment would relate back to the suit from the date of amendment application. 6. An amendment once incorporated relates back to the date of the suit. However, the doctrine of relation-back in the context of amendment of pleadings is not one of universal application and in appropriate cases the court is competent, while permitting an amendment, to direct that the amendment permitted by it shall not relate back to the date of the suit and to the extent permitted by it shall be deemed to have been brought before the court on the date on which the application seeking the amendment was filed (vide: Sampath OP(C) NO. 1897 OF 2017 2025:KER:24377 5 Kumar v. Ayyakannu and Anr. [(2002) 7 SCC 559]). 7. Providing reasons in orders is an essential attribute of judicial proceedings. The reason is the very life of the law. Every litigant who approaches the court with a prayer is entitled to know the reasons for acceptance or rejection of such prayer. Reasons are also essential for either of the parties to the lis to make the remedy of appeal meaningful. It is the reasoning which ultimately culminates into a final decision which may be subject to examination of the higher courts. The learned trial judge failed to assign reasons in the impugned orders. 8. The impugned orders Ext.P5 and P8 stand set aside. The matter is remitted to the trial Court. The trial Court shall consider I.A.No.1235/2015 in O.S.No.292/2012 afresh. The Original Petition is disposed of as above. Sd/- K.BABU, NM JUDGE OP(C) NO. 1897 OF 2017 2025:KER:24377 6 APPENDIX OF OP(C) 1897/2017 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF PLAINT IN O.S.292/2012 FILED BEFORE THE SUBORDINATE COURT, THALASSERY. EXHIBIT P2 TRUE COPY OF THE WRITTEN STATEMENT IN O.S.292/2012 FILED BEFORE THE SUBORDINATE COURT, THALASSERY. EXHIBIT P3 TRUE COPY OF THE AMENDMENT APPLICATION I.A.1235/2015 IN O.S.NO.292/2012. EXHIBIT P4 TRUE COPY OF THE COUNTER IN I.A.1235/2015 IN O.S.NO.292/2012. EXHIBIT P5 TRUE COPY OF THE ORDER OF THE TRIAL COURT DATED 15.10.2015 IN I.A.1235/2015 IN O.S.NO.292/2012. EXHIBIT P6 TRUE COPY OF THE REVIEW PETITION NO.11/2016 IN O.S.NO.292/2016. EXHIBIT P7 TRUE COPY OF THE COUNTER FILED BY THE RESPONDENT IN I.A.(REVIEW PETITION)NO.11/2016 IN O.S.NO.292/2012. EXHIBIT P8 TRUE COPY OF THE ORDER DATED 4.2.2017 I.A.11/2016 IN O.S.292/2012. EXHIBIT P9 TRUE COPY OF THE COMPLAINT DATED 25.5.2022 SUBMITTED BEFORE THE DEPUTY SUPERINTENDENT OF POLICE, PERAVUR WITH RECEIPT EXHIBIT P10 TRUE COPY OF THE COMPLAINT DATED 25.5.2022 SUBMITTED BEFORE THE SUB INSPECTOR OF POLICE, KELAKAM WITH RECEIPT EXHIBIT P11 TRUE COPY OF THE COMPLAINT DATED 25.5.2022 SUBMITTED BEFORE THE CIRCLE INSPECTOR OF POLICE, KELAKAM EXHIBIT P12 TRUE PHOTOGRAPHS (15 IN NUMBER) SHOWING THE STATE OF AFFAIRS IN THE PLAINT SCHEDULE PROPERTY OP(C) NO. 1897 OF 2017 2025:KER:24377 7 EXHIBIT P13 TRUE COPY OF THE ORDER DATED 2.6.2022 IN W.P.(C) NO. 5160/2022 OF THIS HONOURABLE COURT EXHIBIT P14 TRUE COPY OF THE FIRST INFORMATION REPORT DATED 5.7.2022 IN CRIME NO. 421/2022 OF THE KELAKOM POLICE STATION, KANNUR EXHIBIT P15 TRUE COPY OF THE JUDGMENT DATED 8.7.2022 IN W.P. (C) NO. 5160/2022 OF THIS HONOURABLE COURT