SEENATH Vs. ABDUL KABEER

JUDGEMENT

(1.) The dismissal of an application seeking amendment to the counter claim, to include a schedule to the counter claim, is under challenge in this original petition.

(2.) Heard Sri.Sanal Kumar on behalf of the petitioner and Sri.A. Krishnan, the learned counsel for the respondent.

(3.) The suit is one for fixation of boundary and for prohibitory injunction. The original defendant, who is the predecessor-in-interest of the present petitioners, filed written statement on 22.07.17. In the said written statement, the defendant raised a counter claim for prohibitory injunction against obstructing the counter claim schedule pathway, from reducing its width and from altering its alignment. The parties went for trial. The evidence of the plaintiff was over. Thereafter, the present petitioners who are legal heirs of the original defendant, filed an application seeking amendment of the written statement to incorporate schedule to the counter claim. It was contended that though a counter claim was raised in the written statement and relief was sought in respect of the counter claim schedule pathway, in fact, no schedule was incorporated. The same was noticed only during the course of trial, upon which the amendment application is filed.