CHANDRAN Vs. RAMACHANDRAN

JUDGEMENT

(1.) The plaintiff in the suit is an octogenarian now. The first defendant is now a septuagenarian. The suit is of the year 1995. Still, there is no sign of attaining finality to the litigation.

(2.) One of the reliefs prayed for in the suit is granting a decree for recovery of possession of property. It is the second round of litigation in the trial court. The suit was earlier decreed in part by the trial court. The second appeal filed before this Court by the first defendant was disposed of by remanding the suit to the trial court with a direction to identify the extent of the property owned by the plaintiff which is alleged to be in the possession of the defendants by issuing a new commission with the assistance of a surveyor. This Court also directed the trial court to dispose of the suit within a period of four months from the date of receipt of a copy of the judgment in the second appeal.

(3.) After the remand of the suit, the commissioner measured the properties with the assistance of a surveyor and filed report and plan. Thereafter, the plaintiff filed an application as I.A.No.1678/2019 (Ext.P1) in the trial court under Order VI Rule 17 of the Code of Civil Procedure, 1908 (for short 'the Code') for amendment of the plaint. The prayer in that application was for amendment of the description of the property given in the B schedule of the plaint, which is sought to be recovered from the possession of the defendants, in accordance with the report and plan filed by the commissioner.