IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THE TWENTY FOURTH DAY OF NOVEMBER TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE K.C.BHANU CIVIL REVISION PETITION NO.4270 OF 2009 Between : Sri Adi Nowroji Medhora rep.by its GPA .... PETITIONER A N D Sri Rajan Kumar Jaiswal and others. …RESPONDENTS THE HON'BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION NO. 4270 OF 2009 ORDER: This Civil Revision Petition, under Article 227 of the Constitution of India, is directed against the order, dated 08.07.2009, in I.A.No.56 of 2007 in R.C.No.247 of 2007 on the file of II Additional Rent Controller, Hyderabad, whereunder and whereby, the application filed under Order VI Rule 17 read with Section 151 of the Code of Civil Procedure,1908 (for short ‘C.P.C.’), to amend the counter in the eviction petition, was dismissed. 2. Learned counsel for the petitioner contended that no prejudice would be caused to the opposite party if the amendment petition, which is only with regard to decide the jurisdiction of the trial Court is allowed. In view of the Amendment Act, 17 of 2005 to the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960, the trial court has no jurisdiction to entertain the present petition. The learned Judge dismissed the same on the ground that the trial has commenced and no explanation was given with regard to the due diligence in not filing amendment petition after the trial is commenced. In view of amendment to Order VI Rule 17 C.P.C., filing a petition under the said provision is not automatic or routine. The provision reads that in spite of due diligence, if the party could not have raised the matter before the commencement of the trial, then only the amendment can be allowed. No such due diligence was pleaded by the petitioner before the trial court, therefore, the trial Court has rightly dismissed the petition. 3. Further more, the proposed amendment sought for, is questioning the jurisdiction of the trial Court in view of the amendment Act, which can be raised at any time, without there being any pleading and it is purely a question of law. Therefore, I do not find any merits in this revision and the same is liable to be dismissed. 4. Accordingly, the Civil Revision Petition is dismissed. There shall be no order as to costs. _______________ K.C.BHANU. J NOVEMBER 24, 2010. YVL