The plea of easement by necessity was sought to be corrected as easement by prescription. The requisite plea to sustain the claim of easement by prescription was also introduced. The southern boundary was also clarified as the southern portion of the property of the defendants. This was the purport and import of the application for amendment of the plaint.
2. The Court below has rightly allowed the application for amendment. The nature of the suit is not altered. Whether the plea of easement could be sustained is a matter for evidence. The defendants can after all file an amended additional written statement to the amended plaint. I do not find any error of jurisdiction in the order impugned.
The original petition fails and is dismissed.
DCS V.CHITAMBARESH JUDGE