THE HONOURABLE SRI JUSTICE A.GOPAL REDDY C.R.P. No.5216 of 2007 Date of Order: 20-12-2010 Between: Kagga Prasad ..Petitioner and 1. Kagga Koteswaramma and others ..Respondents The Court made the following Order: THE HONOURABLE SRI JUSTICE A.GOPAL REDDY C.R.P.No. 5216/2007 Oral order: This revision is filed under Art.227 of the Constitution of India to revise the orders passed by II Additional Senior Civil Judge, Vijayawada dt. 12-3-2007 made in IA No.42/2004 in OS No.429/2002, whereunder petition filed by the petitioner-defendant under Order 6 Rule 17 CPC seeking amendment of the plaint schedule was dismissed. The learned Judge dismissed the petition filed for amendment of the plaint schedule property in a suit filed for partition and separate possession only on the ground that in view of insertion of proviso to Order 6 Rule 17 that no application for amendment shall be allowed after the trial has commenced unless the court comes to the conclusion that in spite of due diligence, the party could not have raised the matter before the commencement of trial, by the Code of Civil Procedure (Amendment) Act, 2002 (Act.22/2002), the petition cannot be maintainable. Admittedly, the suit was filed on 6-6-2002 prior to amendment made to Order 6 Rule 17 by Act.22/2002, which came into force from 1-7-2002. It is well settled that suits instituted prior to coming into force of Act.22/2002 have to be decided as per the old procedure and after trial commences no amendment will be allowed will not apply to the suits instituted prior to the Amendment Act. In view of the same, the impugned order passed by the trial court dismissing IA on that ground cannot be sustainable. Therefore, the impugned order is set-aside and the matter is remitted to the trial court for passing orders after taking into consideration whether in a suit for partition each party stands as plaintiff is entitled to seek partition of the properties, which are possessed by the joint family. All contentions of the parties are left open. The Civil Revision Petition is accordingly allowed. No costs. _________________ A.GOPAL REDDY, J. Dt.20-12-2010 kmr