IN THE HIGH COURT OF JUDICATURE OF ANDHRAPRADESH AT HYDERABAD HONOURABLE SRI JUSTICE B. PRAKASH RAO C.R.P No.5706 OF 2008 23.09.2010 Between: B. Narasimha .... Petitioner And: Telukuntla Narsimha ....Respondent. HONOURABLE SRI JUSTICE B. PRAKASH RAO C.R.P NO.5706 OF 2008 ORDER: The petitioner herein is the plaintiff who filed this petition under Article 227 of the Constitution of India to set aside the order dated 03.11.2008 passed by the IV Additional Senior Civil Judge, (FTC), Ranga Reddy District at Lal Bahadoor Nagar in I.A.No.198 of 2007 in O.S.No.455 of 2007. The petitioner/plaintiff filed an application under Order VI, Rule 17, read with Section 151 C.P.C seeking permission to amend the plaint by way of alterations, addition and omissions as stated in the petition and affidavit of the petitioner. The Court below after contest dismissed the same only on the ground that the trial has commenced and there are no bonafides in the application and there is no reason to allow the petition at that stage. Hence this revision. Heard the learned counsel for the petitioner and also perused the material available on record. No doubt, the trial had already commenced, but on the plaintiff’s side evidence is not yet over and it is therefore, the petitioner/plaintiff is still continued to produce the evidence. It is felt necessary that the present amendment need to be carried. On a reading of the amendments, it is apparent that it only pertains to certain clarification and details regarding various aspects only, but not otherwise. For convenience sake, the amendments as sought for in the application are extracted below: “Plaint para 2 page 2 reads as “The plaintiff submits that the defendant offered to sell the suit schedule property for a total sale consideration of Rs.2,00,000/- (Rupees Two Lakhs only) and the plaintiff also agreed to purchase the same on the said price”. It is to be amended so as to read as “The plaintiff submits that the defendant offered to sell the suit schedule property @ Rs.1,500/- pr sq. yard and the plaintiff has paid a total sale consideration of Rs.2,00,000/- (Rupees Two Lakhs only) and the plaintiff has also agreed to purchase the same on the said price of Rs.1500/- per sq. yard.” Plaint para 4 page 3 reads as “the plaintiff submits that when the defendant failed to execute the sale deed and register in favour of the plaintiff, finally the plaintiff got issued a legal notice dated 23.3.2003”. It is to be amended by inserting the date and words so as to read as “the plaintiff submits that when the defendant failed to execute and register the sale deed in favour of the plaintiff, the plaintiff finally got issued legal notices dated 16.04.2001 and 24.3.2003” Plaint para 5 page 3 reads as “The plaintiff submits that on 25.4.2003 the defendant came to the suit property and made some illegal demands from the plaintiff, and when the plaintiff expressed that he has already paid the entire sale consideration, and refused to pay anything for the execution of sale deed register in his favour, then the defendant left the place.” It is to be amended so as to read as “The plaintiff submits that on 25.4.2003 the defendant came to the suit property and made some illegal demands from the plaintiff and when the plaintiff refused to pay anything unless the defendant comes forward to execute and register the sale deed stating that he has already paid huge amount of sale consideration, the defendant left the place and threatened to dispossess the plaintiff”. Plaint para 6 page 3 reads as “That on 30.4.2003 at about 11.30 a.m the defendant came to the suit schedule property. It is to be amended so as to read as “That on 30.4.2003 at about 11.30 a.m. the defendant again came to the suit schedule property.” Plaint para 7 page 3 reads as “The plaintiff submits that the plaintiff has paid the total sale consideration to the defendant and the defendant received the same from the plaintiff, but failed to comply with the terms of the agreement and failed to execute the sale deed register in favour of the plaintiff”. It is to be amended so as to read as “The plaintiff submits that the plaintiff has already paid huge amount of sale consideration of Rs.2,00,000/- to the defendant and the defendant has received the same from the plaintiff in part performance of agreement of sale and the plaintiff was always and is even now also ready and willing to pay the balance of sale consideration of rs.4,00,000/- before the registering officer at the time of registration of sale deed, but the defendant is not coming forward to execute the sale deed and thus has failed to comply with the terms of the agreement and failed to execute and register the sale deed in favour of the plaintiff.” Plaint para 8 page 4 reads as “and on 25.4.2003 and 30.4.2003 at about 11.30 a.m when the defendant tried to interfere with the possession and on 24.3.2003 when the plaintiff got issued legal notice” It is to be amended so as to read as “and on 16.4.2001 when the plaintiff got issued notice and on 25.4.2003 and 30.4.2003 at about 11.30 a.m when the defendant tried to interfere with the possession of the plaintiff over the suit schedule property and refused to execute the sale deed in favour of the plaintiff and again on 24.3.2003 when the plaintiff got issued legal notice to the defendant and when the defendant failed to execute and register the sale deed even after its receipt and the cause of action is still subsisting and continuing. Plaint para 10 page 4 reads as “The suit is valued on a total sale consideration of Rs.2,00,000/- and paid a sum of Rs.4426/- towards court fee under Section 39 of A.P. Court Fee and Suits Valuation Act, which is sufficient. It is to be amended so to read as “The suit is valued on a total consideration of Rs.6,00,000/- and paid a sum of Rs.8426/- towards court fee under Section 39 of the A.P. Court Fee and Suits Valuation Act, which is sufficient.” Therefore, even by amending the paras which are sought by way of correction, additions and omission etc in the manner as stated above, no prejudice or loss would be caused to the respondent. On total appreciation of the facts and circumstances, I am of the opinion that the amendment sought for are clarifications in nature and hence the court below should not have dismissed the application on the ground that the trial has commenced. Under the circumstances, the civil revision petition is allowed. The respondents are at liberty to file fresh written statement and the lower court has to proceed with the case and dispose of the same on merits in accordance with law. ____________________ B. PRAKASH RAO,J Date:23.09.2010. Gk. HONOURABLE SRI JUSTICE B. PRAKASH RAO C.R.P No.5706 OF 2008 DATE:23.09.2010. Gk.