P.KUNJUKRISHNA PILLAI vs D.SREEKANTAN NAIR .

The Supreme Court held that the High Court erred in rejecting the applications under Order 6 Rule 17 and Order 41 Rule 27 of the CPC, which sought to amend the written statement and introduce additional evidence regarding suit schedule item no. 5. The Court clarified that the timing of the amendment application should not be the sole ground for rejection, especially when it did not contradict the existing pleadings. Consequently, the appeal was allowed, the High Court's decision regarding item no. 5 was set aside, and the matter was remitted to the trial court for further proceedings.