THE HON’BLE SRI JUSTICE RAMESH RANGANATHAN C.R.P.NO.2387 OF 2011 ORDER: This revision is preferred against the order passed by the Senior Civil Judge, Penukonda in I.A.No.32 of 2011 in O.S.No.37 of 2006 dated 23.3.2011. I.A.No.32 of 2011 is filed under Order 6 Rule 17 of the Code of Civil Procedure (C.P.C.) seeking permission of the Court to amend the prayer and the pleadings in the plaint. The Court below held that the proposed amendment, if allowed, would not in any way change the nature of the suit, and notional partition could be worked out during the course of trial provided that the petitioners/plaintiffs were able to establish their plea. The application was allowed permitting amendment of the plaint and consequential amendment on payment of costs of Rs.200/-. Under Order 6 Rule 17 C.P.C, the Court may, at any stage of the proceedings allow either party to alter or amend his pleadings in such manner and on such terms as may be just, and all such amendments shall be made as may be necessary for the purpose of determining the real question in controversy between the parties. Under the proviso thereto, no application for amendment shall be allowed after the trial has commenced, unless the Court comes to the conclusion that, inspite of due diligence, the party could not have raised the matter before the commencement of trial. Due diligence requirement, under the proviso, would apply if the trial in the suit has commenced. Admittedly the suit, in the present case, is at the pre-trial stage and, as such, the due diligence requirement prescribed under the proviso to Order 6 Rule 17 is not attracted. The jurisdiction of this Court under Article 227 of the Constitution of India is not appellate and it is only in case there is a patent error of law or lack of jurisdiction or substantial injustice has ensued as a result of the order would this Court interfere. The order under challenge does not suffer from any such infirmities. I see no reason, therefore, to entertain the Revision in exercise of the jurisdiction under Article 227 of the Constitution of India. The C.R.P. fails and is, accordingly, dismissed. ___________ 09-09-2011 asp