JUDGMENT

1st respondent appears through counsel. 2nd respondent is served.

2. The original petition is in challenge of Ext.P2, order dated

07.11.2012 on I.A.No.8030 of 2012 in O.S.No.2037 of 2009 of the Principal Munsiff's Court, Thiruvananthapuram.

3. The petitioner/plaintiff sued the respondents/defendants for a declaration of title over the plaint B schedule, recovery of possession, mandatory and prohibitory injunction concerning the plaint A schedule, fixation of boundary on the east of the plaint A schedule and other reliefs. After the trial commenced and after the Advocate Commissioner was examined, petitioner noticed a defect in the plaint schedule in that the boundary descriptions given therein was of item No.1 of A schedule of partition deed No.1437 of 1983 instead of boundary description of item No.2 of the said A schedule. Thereon, petitioner filed I.A.No.8030 of 2012 seeking amendment.

4. That application was opposed by the respondents.

OP(C) No.4240/2012 2

5. The learned Munsiff by Ext.P2, order dismissed the application observing that the petitioner was not vigilant in prosecuting the suit. Ext.P2, order is under challenge.

6. The learned counsel for the petitioner contended