1. Heard. Rule. Rule made returnable forthwith and heard finally by the consent of the parties.

2. The petitioner has raised a grievance on account of the application under Order VI Rule 17 of the Code of Civil Procedure, having been rejected by the impugned order dated 10-07-2014.

3. The petitioner is the original defendant in R.C.S. No. 176 of 2008. Upon the institution of the said suit, the petitioner filed his written statement along with a counter claim on 05-07-2008. Prayers made in the written statement and the counter claim indicate that the petitioner had reserved a right to amend the written statement and the counter claim, in the event a T.I.L.R. is appointed and pursuant to the local inspection carried out by the T.I.L.R., it is revealed that the respondent/ plaintiff has encroached upon the land of the petitioner/ defendant.

4. The respondent/ plaintiff had stated in its plaint that a T.I.L.R. would be required to be appointed for carrying out measurement of the suit properties, for fixing the boundaries and submitting a report along with a map. Application dated 02-05-2008 Exhibit 7 was also filed by the respondent herein for the said purpose.

5. The petitioner