THE HON’BLE SRI JUSTICE R.SUBHASH REDDY CIVIL REVISION PETITION No.1481 of 2011 ORDER: This Civil Revision Petition is filed under Article 227 of the Constitution of India by the plaintiffs in O.S.No.363 of 2006 by the learned II Additional Senior Civil Judge (FTC), Nellore, aggrieved by order, dated 09.11.2010, passed in I.A.No.629 of 2010 in O.S.No.363 of 2006. Petitioners herein are the plaintiffs in the suit, which is filed for partition and separate possession of the suit schedule property. In the aforesaid suit, written statement was filed setting up a settlement deed in favour of the defendants. In the said suit, issues were framed on 22.12.2009, trial was commenced and on 21.04.2010, the plaintiffs reported no evidence after examination of P.W.1, as such, the evidence of the plaintiffs’ side was closed on 21.04.2010. Thereafter, D.W.1 was examined and the suit was coming up for cross- examination of D.W.2. At this stage, the petitioners filed I.A.No.629 of 2010 seeking amendment of the plaint. In this case, it is to be noticed that at the first instance, I.A.No.539 of 2009 filed for amendment of the plaint was allowed and accordingly, plaint was amended on 12.10.2009. Thereafter, the matter was adjourned for filing additional written statement and after filing the same again issues were framed. When the respondents/defendants have already stated in the written statement that they are claiming rights over the suit schedule property by setting up a Settlement Deed, there is no reason or justification on the part of the petitioners for filing I.A.No.629 of 2010 at this point of time. Further, in view of proviso to Order VI Rule 17 CPC, I.A.No.629 of 2010 cannot be ordered at this stage. In view of the reasons recorded by the Court below, I do not find any illegality, which warrants interference under Article 227 of the Constitution of India, in the impugned order. The Civil Revision Petition is accordingly dismissed. No order as to costs. _______________________ R.SUBHASH REDDY, J 27th APRIL, 2011. kvni