HONOURABLE SRI JUSTICE L. NARASIMHA REDDY CIVIL REVISION PETITION Nos.5217 OF 2008 AND 3128 OF 2009 COMMON ORDER: Petitioner filed O.S. No.1311 of 2005 in the Court of the Principal Junior Civil Judge, Kurnool against the respondent for relief of recovery of about Rs.40,000/- with interest. The amount is traceable to certain business transaction between the petitioner and the respondent. 2. The respondent filed the written statement. Issues were framed and the petitioner filed affidavit in lieu of his chief-examination in July 2007. The petitioner filed I.A No.1110 of 2008, under Rule – 17 of Order – VI CPC, with a prayer to permit him to amend the word ‘10 (ten)’ as ‘25 (twenty five)’ in para-4 of the plaint. It was stated that the number of bags in the second transaction was 25 and the amount representing it was correctly mentioned as Rs.28,000/-, but due to typographical mistake, the number of bags was mentioned as ‘10’. The application was opposed by the respondent. Through order, dated 06-08-2008, the trail Court dismissed the I.A. Challenging the same, CRP No.3128 of 2009 was filed. 3. On 28-08-2008 the suit was posted for cross-examination of PW-1, i.e., the petitioner herein. On the ground that he did not turn up for cross-examination, the trial Court closed his evidence. I.A. No.1774 of 2008 was filed with a prayer to reopen his evidence and permit him to adduce further evidence. The I.A. was dismissed on 17- 09-2008. CRP No.5217 of 2008 was filed against the said order. 4. Heard Sri B. Narasimha Sarma, learned counsel for the petitioner and Sri Asad Ahmed, learned counsel for the respondent. 5. The application seeking amendment of the plaint was dismissed mainly on the ground that the trial of the suit was commenced and that on earlier occasion, the petitioner filed I.A. No.2399 of 2006 for the same relief, bud did not press it. The proposed amendment is in relation to a small typographical error, with reference to the number of bags. It needs to be noted that the cost of the material was correctly stated, but the number of bags was typed as ’10 (ten)’ instead of ’25 (twenty five)’. It appears that the mistake occurred on account of the fact that in the first transaction, the number of bags involved was ten and the same was repeated as to the second transaction also. 6. I.A. No.2399 of 2006 was filed for that very relief. Here again, a mistake crept into the application. Instead of making reference to para-4 of the plaint, it was mentioned that the amendment is needed in para-3 of the plaint. On noticing this, the petitioner did not press it with liberty to file fresh application. Therefore, the dismissal of I.A. No.2399 of 2006 cannot be treated as a ground for rejecting I.A. No.1110 of 2008. It may be true that the trial of the suit commenced, by the time the I.A. was filed. However, Rule - 17 of Order – VI does not prohibit filing of such applications. The provision only sounds a note of caution to the Courts to be careful or to be reluctant in ordering the applications for amendment, if they are filed after the issues are settled. Much would depend on the facts of the case. The respondent cannot be said to have suffer any detriment on account of the amendment. 7. Hence, Civil Revision Petition No.31328 of 2008 was allowed and consequently I.A. No.1110 of 2008 shall also stand allowed. 8. The suit was, no doubt, pending from the year 2005 and the petitioner did not turn up for his cross-examination on 02-09-2008. However, it must be noted that just about that time, the application for amendment was dismissed and the occasional absence on the part of the petitioner must not result in closure of his evidence. If he is not permitted to adduce the evidence, the suit virtually becomes futile exercise. 9 . Hence, the Civil Revision Petition No.5217 of 2008 is allowed on condition that the petitioner shall pay a sum of Rs.500/- as costs to the respondent within four (4) weeks from today. 10. There shall be no order as to costs. ____________________ L. NARASIMHA REDDY, J January 19, 2011. Note: Issue CC in one week. B/O. KTL