THE HON'BLE SRI JUSTICE GHULAM MOHAMMED CIVIL REVISION PETITION NO :2814 of 2010 BETWEEN: Katta Subba Rao, S/o. Late Rangayya R/o. 34-4-38, Gnanapuram, Visakhapatnam, Visakhapatnam District. PETITIONER AND Ganireddy Atchibabu, S/o. Late Naidu, R/o.D.No.34-4-38/1, Vadicherla Street, Gnanapuram, Visakhapatnam District. Counsel for Petitioner: Sri Ch. Ravinder Counsel for Respondent: N.A. The Court made the following order: ORDER: This revision petition, under Article 227 of the Constitution of India by the petitioner/plaintiff, is directed against the order dated 8.02.2010 passed by the Principal Junior Civil Judge, Visakhapatnam, in I.A.No.2593 of 2007 in O.S.No.1530 of 2007. The petitioner is the plaintiff and the respondent is the defendant. The plaintiff filed the suit for eviction and handing over the vacant possession of the plaint schedule portion within the time granted by the Court. The defendant after receipt of summons, filed written statement contesting the suit. When the matter was coming up for the evidence of the plaintiff, at that stage, the defendant filed the above application under Order VI Rule 17 C.P.C. for amendment of written statement to the effect that the suit is not maintainable, since according to the plaintiff the annual rental value was calculated at Rs.800/- p.m. and if the rental value is Rs.800/- p.m. the Court has no jurisdiction to entertain the suit; that if the plaintiff states that the suit is maintainable, even then the suit is not maintainable in the absence of any quit notice, which is mandatory under the provisions of Section 106 of the Transfer of Property Act; that since the plaint schedule property is an assigned property in faour of the Church, the same is hit by under the provisions of the A.P. Assigned Lands Act; that since the plaintiff is not having any proper and valuable title with regard to the plaint schedule property, the documents which were relied before the Court are hit by the provisions of Section 17 of the Registration Act; and that the plaintiff cannot seek any relief without obtaining proper sale deed from concerned authorities in respect of the suit schedule property and as such the suit has to be dismissed. The plaintiff filed counter opposing the application stating that since the earlier application filed by the defendant permitting him to file additional written statement was denied, the present application is hit by principles of res judicata and prays to dismiss the application. The trial Court observed that as per proviso to Rule 17 of Order VI C.P.C. amendment of written statement after commencement of trial cannot be allowed unless there is an acceptable ground to get over the rigor. Hence an opportunity can be given to the defendant to amend the pleadings of the written statement with a view to know what is the stand/plea of the defendant and accordingly allowed the application. Hence the present revision petition by the plaintiff. Order VI Rule 17 of C.P.C., reads as under. ‘Amendment of Pleadings: - The Court may at any stage of the proceedings allow either party to alter or amend his pleadings in such manner and on such terms as may be just, and all such amendments shall be made as may be necessary for the purpose of determining the real questions in controversy between the parties; Provided 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.” Proviso to Rule 17 of Order VI C.P.C., does not totally prohibit the Court from exercising the jurisdiction vested in it. The trial Court allowed the application so as to give an opportunity to the defendant to see that the ends of justice would be met. Hence I see no illegality or infirmity in the order passed by the trial Court warranting interference of this Court. Accordingly, the Civil Revision Petition is dismissed. There shall be no order as to costs. ________________________ (GHULAM MOHAMMED, J.) 16th July, 2010 Js.