Pleadings amendment after statutory notice can add declaratory reliefs against a Panchayat when the notice purpose is satisfied.

A suit originally limited to injunction did not attract the notice requirement under Section 123 of the Kerala Panchayats Act, 1960. After statutory notice was served and the prescribed waiting period expired, the plaintiff could amend the plaint to add declaratory and consequential reliefs challenging the licence already issued. The provision's object was to give the Panchayat an opportunity to consider the claim and avoid needless litigation, and that purpose was satisfied by post-notice amendment. The contention that the amendment altered the suit's nature or that only a fresh suit was maintainable was rejected, so refusal of amendment was held erroneous.

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Issues: Whether a plaint originally confined to a prayer for injunction could be amended after service of notice under Section 123 of the Kerala Panchayats Act, 1960 so as to add reliefs challenging the licence already issued and whether a fresh suit was necessary.

Analysis: Section 123 required notice before instituting a suit against a Panchayat or its executive authority in respect of claims other than a suit for injunction. The original suit, being one for injunction, did not attract the notice requirement. When the plaintiff later sought to add declaratory and consequential reliefs after issuing the statutory notice and waiting for the prescribed period, the procedural object of the provision stood satisfied. The notice requirement was intended to secure an opportunity for the authority to consider the claim and avoid unnecessary litigation, and permitting amendment after compliance would not defeat that object. The view that the amendment changed the nature of the suit or that a fresh suit alone was maintainable was rejected.

Conclusion: The amendment application was maintainable after compliance with the statutory notice requirement, and the refusal to permit amendment was erroneous.

Ratio Decidendi: Where a suit originally maintainable without notice is later sought to be amended to add reliefs requiring notice, the amendment may be allowed if the statutory notice is served and the prescribed waiting period has expired before the amendment is pursued.

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