THE HON’BLE SRI JUSTICE A.GOPAL REDDY CIVIL REVISION PETITION No.2206 of 2010 ORDER: The petitioner/plaintiff filed this revision under Article 227 of the Constitution of India against the order dated 09.03.2010 passed by the VII Additional District and Sessions Judge (Fast Track Court) Vijayawada, in I.A.No.218 of 2009 in A.S.No.278 of 2007, whereby the application filed under Order VI Rule 17 and Section 151 C.P.C seeking amendment of the plaint for the relief of specific performance and for execution of deed of conveyance i.e., gift deed as per the promise under letter of understanding, was dismissed. Indisputably, one Rekapalle Gopala Rao, who is the husband of the first petitioner and father of petitioners 2 to 4, filed O.S.No.388 of 2004 on the file of Principal Senior Civil Judge, Vijayawada, for mandatory injunction directing the defendant to fulfil the undertaking given in the letter of understanding dated 14.04.2001 and for permanent injunction restraining the defendant from alienating the apartments in Northern block. On the death of the said Gopala Rao, his legal representatives i.e., the petitioners herein were brought on record and they proceeded with the suit. On dismissal of the said suit, the above appeal came to be filed in the year 2007. No endeavor has been made seeking amendment of the plaint when the appeal was filed, but when the appeal is coming up for arguments after two years, the present I.A has been filed seeking amendment. The lower Court dismissed the I.A observing that as per the proposed amendment the suit itself has to be instituted before the District Court but not before the Principal Senior Civil Judge, who will not have jurisdiction to try the suit. That apart, in a suit for specific performance it is incumbent upon the plaintiff to offer and prove that he was ready and willing to perform his part of the contract by all along i.e., from the date of inception of the agreement till the date he filed the suit and also during the pendency of the suit. In the absence of any such plea taken in the plaint as contemplated under Form Nos.47 and 48 CPC, taking such plea by virtue of amendment of the plaint, the entire nature of the suit including the cause of action will be changed. In view of the same, the impugned order passed by the lower Court does not suffer from any illegality warranting interference by this Court under Article 227 of the Constitution of India. The Civil Revision Petition is accordingly dismissed. There shall be no order as to costs. _____________________ A. GOPAL REDDY, J Date: 04.02.2011 va