THE HON’BLE SRI JUSTICE K.C.BHANU CIVIL REVISION PETITION No. 1257 of 2010 ORDER: 1. The Civil Revision Petition, under Article 227 of the Constitution of India, is directed against the order dated 31.12.2009 in I.A. No.120 of 2009 in O.S. No.42 of 2005 on the file of the Additional Senior Civil Judge, Srikakulam, whereunder and whereby the application filed under Order VI Rule 17 of the Code of Civil Procedure,1908 (for short, ‘CPC’) to amend written statement, was dismissed. 2. Heard both sides. 3. The power under Order VI Rule 17 CPC is a discretionary one. When a party seeks a relief under the discretionary power, he must establish the equity and fairness. If they lack, then such a party is not entitled for an order exercising the discretionary power. No doubt, the prayer for amendment of pleadings should be liberally allowed so that the controversy between the parties can be set at rest once for all. But, at the same time, it is equally important that no amendment will be allowed, if it causes injustice to the opposite party. Leave to amend will be refused where the effect of the proposed amendment is to take away from the other side a legal right accrued in his favour. When a plaintiff has not filed the petition under Order VI Rule 17 CPC to amend the pleadings immediately after filing of written statement, then, certainly, prejudice would be caused to the other side, in such circumstances, amendment cannot be allowed. 4. After amendment of the CPC in the year 2002, unless the case of the party seeking the amendment falls under the proviso to Order VI Rule 17 CPC, the amendment cannot be allowed. In the case on hand, trial has already commenced. Plea of the petitioner/defendant is that he discharged the amount due, to the father of the plaintiff. On the said issue, as the initial burden is on the petitioner/defendant, the defendant’s side evidence was taken up at the first instance. Plaintiff side evidence has not commenced. The proposed amendment now sought for is to confront with first information report relation to case registered in crime no.128, dated 10.10.2008 of Gurandi police station, Gujapathi district. Though the registration of the case had taken place after filing of the written statement, still there is no need to take any specific plea in the written statement with regard to the same. However, the defendant, if so advised, can confront the first information report in the said crime with the plaintiff, because it is an act occurred subsequent to filing of the written statement. With the above observation, the impugned order needs no interference by this Court. 5 . The Civil Revision Petition is, accordingly, dismissed. No costs. --------------------- 24.2.2011 (K.C.Bhanu, J.) DRK THE HON’BLE SRI JUSTICE K.C.BHANU CIVIL REVISION PETITION No. 1257 of 2010 24.2.2011 THE HON’BLE SRI JUSTICE K.C.BHANU CIVIL REVISION PETITION No. 1257 of 2010 24.2.2011 Between: Balaga Sundar Rao …Petitioner And Gavara Sreedevi …Respondent