The Court below has by the order impugned allowed amendment of the plaint as regards the description of the boundaries of the plaint A schedule property. But the prayer to amend the extent of the plaint B schedule property from 48 Ares 20 Sq. Meters to 40 Ares 20 Sq. Meters has been unjustifiably disallowed. The boundaries of the plaint B schedule property have not been sought to be altered by the amendment. Only the extent of the plaint B schedule property is sought to be corrected which neither alters the character of suit or prejudices the defendant.
2. Ext. P4 order is modified and I.A. No. 418/2012 in O.S. No. 190/2009 on the file of the Court of the Munsiff of Changanassery is allowed. The defendant is permitted to file an additional written statement to the amended plaint.
The Original Petition is allowed. No costs.
DCS V.CHITAMBARESH JUDGE