JUDGMENT

The challenge in this Original Petition is to the order dated 16.07.2022 in I.A.No.2988/2019 in O.S.No.70/2017 on the file of the Principal Munsiff’s Court, Kochi. Defendant No.1 in the Original Suit is the petitioner. The plaintiff and defendant Nos. 2 to 5 are the respondents.

2. The plaintiff instituted the Original Suit for fixation of boundary and for consequential injunction. Defendant No.1 resisted the suit by filing written statement as early as in 2017. The Court issued a commission. The Commissioner measured the property with the assistance of a Surveyor. The Court below framed the issues and proceeded with the trial.

3. After two years of framing of issues, the petitioner/defendant No.1 filed an application seeking amendment in the written statement along with a counter claim seeking recovery of possession and mandatory injunction. The Trial Court dismissed the application holding that the petitioner sought relief in respect of a time barred claim and that the application is highly belated. The Trial Court relied on Ashok Kumar Kalra v. Wing Cdr. Surendra Agnihotri and Others [ (2020) 2 SCC 394 :2019 (5) KHC 735], in support of the findings.

4. I have heard the lea