J UDGMENT

The challenge in this Original Petition is to Ext.P6 order dated 16.11.2015 in I.A.No.1383/2015 in O.S.No.179/2013 on the file of the Additional Subordinate Judge’s Court, North Paravur, whereby the trial Court allowed an application seeking amendment in the written statement.

2. The plaintiff is the petitioner. The defendants are the respondents.

3. The plaintiff instituted the Original Suit for partition. The defendants resisted the suit inter alia, contending that after the death of the father of the parties, a partition was effected in 1982. They further pleaded that even before the execution of the partition deed, the property was divided and allotted to defendant Nos. 1, 2 and 4.

4. The defendants filed an application to incorporate the plea of adverse possession, limitation and ouster. The defendants wanted to specifically plead that after the death of the father of the parties, defendant No.1 has been in possession of the property in exclusion of the plaintiff and all other heirs.

5. I have heard the learned counsel for the petitioner/plaintiff and the learned counsel for the respondents/defendants.

6. The learned counsel for the petitioner submitted that as the t