CHRISTUDAS, S/O.THANKAYYAN NADAR Vs. KARUNAKARAN NADAR

JUDGEMENT

(1.) I heard Mr. R.S. Kalkura, Advocate on behalf of the petitioner and Mr. K.K. Satheesh, Advocate who had lodged a caveat on behalf of the respondent.

(2.) THE suit for a decree of permanent prohibitory injunction against trespass was filed on 03.02.2010. The defendant/petitioner filed his written statement in time on 30.08.2010. The plaintiff/respondent thereafter filed an application for amendment of the plaint on 19.09.2011. An additional prayer for fixation and putting up of boundaries was sought by way of amendment of the plaint.

(3.) THE court below has by the order impugned rejected the counter claim as belated. A reference to order VIII Rule 6-A (1) of the Code of Civil Procedure is apposite.