THE HON'BLE SRI JUSTICE B.PRAKASH RAO CIVIL REVISION PETITION NO.2738 OF 2005 ORDER: The petitioners filed this revision under Section 115 of the Code of Civil Procedure, 1908 {“CPC” for brevity}, inter alia, seeking to assail the order dated 22.03.2005 in I.A.No.14 of 2005 in A.S.No.11 of 2001 on the file of the Senior Civil Judge, Chodavaram, in rejecting the application filed under Order VI Rules 17 and 28 of CPC for amendment of the plaint. The main ground urged in support of the said application is to the effect that the existence of shops was not mentioned and the said mistake came to light during preparation of arguments and hence, the plaint needs to be amended. After contest, the Court below did not find favour with the petition and dismissed the same on the ground that the amendment would alter the very nature of the plaint. Hence, the revision. Having considered the submissions made and on perusal of the material available on record, it is seen that no doubt the application for amendment of the plaint. However, the fact remains that the said application came to be filed in a first appeal, which came up aggrieved by the dismissal of the suit filed by the appellants themselves. In these types of case, unless the merits are gone into and considered, the relief cannot be granted. Therefore, in all such appeals whether it be an amendment or not, the same should be taken independently. It gives a totally different approach and narrow considerations. In the circumstances, the Civil Revision Petition is allowed and the order dated 22.03.2005 in I.A.No.14 of 2005 is set aside. The matter is remanded back to the Court to be taken up along with the appeal and consider the necessity or otherwise of the amendment sought and the Court below shall dispose of the same in accordance with law. No costs. _________________ (B.PRAKASH RAO, J) 17th June 2010 RRB