THE HON’BLE SRI JUSTICE V.ESWARAIAH CIVIL REVISION PETITION No.4772 of 2008 ORDER: This Civil Revision Petition is directed against the order, dated 18-09-2008 made in I.A.(Sr.).No.3367 of 2008 in O.S.No.30 of 2004 on the file of the Senior Civil Judge, Piler, wherein the said application filed under Order VI Rule 17 CPC to amend the plaint was dismissed. Under order VI Rule 17 CPC, the court may at any stage of the proceedings allow the amendment of the pleadings, but no such application for amendment shall be allowed after trial is commenced, unless court comes to the conclusion that in spite of due diligence the party could not have raised the matter before commencement of the trial. In the instant case, when filing of the suit is seriously contested about the entitlement and the authority of the trustee viz., Sri Mara Satyanarayana Murthy, he could have come up with such an application at an inception i.e., before the commencement of the trial itself. Therefore, it cannot be said that in spite of due diligence he could not have filed amendment application before commencement of the trial. In view of the aforesaid facts and circumstances of the case, I am of the opinion that the trial court has rightly dismissed the said application and therefore, this court does not find any illegality or irregularity in the order passed by the court below. Accordingly, the Civil Revision Petition is dismissed. However, the order to the extent of imposing costs by the trial court in I.A. (Sr.).No.3367 of 2008 is set aside. __________ 23-10-2009 Prv