THE HON'BLE SRI JUSTICE GODA RAGHURAM CIVIL REVISION PETITION No.51 of 2011 ORDER: This revision under Article 227 of the Constitution of India is directed against the order of the Court of I Additional Junior Civil Judge, Kakinada, rejecting I.A.No.449 of 2010 in O.S.No.307 of 2005, by the order dated 28.12.2010. I.A.No.449 of 2010 was filed under Order VI Rule 17 read with Section 151 of the Code of Civil Procedure, 1908, for amendment of the plaint. The suit was filed in the year 2005 seeking a permanent injunction in respect of the suit schedule property to prevent the respondents/defendants from interfering with the possession of the petitioners/plaintiffs. The written statement was filed in the year 2005 denying the title of the petitioners/plaintiffs to the suit schedule property. The first respondent pleaded that he is the absolute owner of the suit schedule property. However, only in 2010, five years after the written statement was filed, the plaintiffs sought amendment of the plaint to include the relief of a declaration of title. The Court below considered the several arguments put-forward on behalf of the petitioners/plaintiffs including the contention that to avoid multiplicity of proceedings amendment should liberally be allowed instead of directing separate proceedings to be taken and that amendment could be allowed at any stage of the proceedings. However, the Court below rejected I.A.No.449 of 2010 holding that since the main suit is at the stage of arguments and already twice adjournments were taken for advancing arguments and the written statement denying the title of the petitioners/plaintiffs was filed as early as in 2005, yet no steps were taken to seek amendment of the pleadings to include the relief of declaration of title, no case is made out for allowing an amendment at this stage. The Court below found that the application was filed only to protract infinitely the trial of the suit. This Court discerns no error in the exercise of discretion by the Court below warranting interference by this Court under Article 227 of the Constitution of India and the revision has no merits. Accordingly, the Civil Revision Petition is dismissed at the stage of admission. There shall be no order as to costs. ____________________ (GODA RAGHURAM, J) 18th February, 2011 GHN