J U D G M E N T

In this Original Petition filed under Article 227 of the Constitution of India, the plaintiff in O.S.No.415/2010 on the finding of the Principal Sub Judge, Irinjalakuda raised challenge against order in I.A.No.4/2021 dated 2.12.2021 in the above Suit whereby, the learned Sub Judge dismissed the said application seeking amendment.

2. Heard the learned counsel for the petitioner as well as the learned counsel appearing for the respondents.

3. The learned counsel for the petitioner argued at length to substantiate that the amendment sought for in I.A.No.4/2021 is absolutely necessary to decide the dispute in between the parties and therefore the court below went wrong in dismissing the petition. The learned counsel reiterated the averments stated in the affidavit in support of this petition and canvassed amendment as sought for after setting aside the order impugned. I have perused the affidavit in support of the amendment and the amendment sought for. It has to be noted that the amendment sought for after completion of the evidence and after adjourning the case for final hearing repeatedly.

4. Initially, the plaintiff claimed right of easement by prescription in respect