THE HON’BLE SRI JUSTICE V.V.S.RAO CIVIL REVISION PETITION No.5589 OF 2010 Dated:16.09.2011 Between: Kasi Gangavathi .. Petitioner And Kusuma Lakshmi Kumari and another .. Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO CIVIL REVISION PETITION No.5589 OF 2010 ORDER: The petitioner is the plaintiff. The first respondent is her daughter and the second respondent is her son-in-law. The petitioner instituted O.S.No.12 of 2005 for cancellation of registered gift settlement deed dated 19.12.2003 alleging that the defendants played fraud with her and got executed the same. The suit is coming up for trial. At that stage, she filed an application being I.A.No.518 of 2010 under Order VI, Rule 17 of the Code of Civil Procedure, 1908 seeking amendment. She sought permission of the Court to add Paragraph V(a) to the effect that immediately after execution of the registered gift settlement deed, the first defendant in her own handwriting executed a consent letter on Rs.10/- worth Non-judicial Stamp Paper agreeing to cancel the gift deed after discharge of the bank loan. The application for amendment was opposed considering the rival contentions. By an order dated 07.10.2010, the Court of the Senior Civil Judge, Amalapuram, dismissed the said application, aggrieved by which the present Civil Revision Petition is filed. The counsel for the petitioner/plaintiff would submit that the Court below failed to exercise the jurisdiction vested in it. He would then contend that the amendment proposed does not cause any prejudice to the respondents/defendants. The Court below dismissed the application for amendment inter alia on the ground that there was no averment in the pleadings to the effect that as to when the consent letter was traced out and that the plaintiff is trying to introduce a new case altogether which would cause prejudice to the defendants. A perusal of the impugned order of the Court below would show that the Court below has considered the matter in proper perspective. The same does not suffer from any error apparent on the face of the record. The Civil Revision Petition is accordingly dismissed. There shall be no order as to costs. ________________ (V.V.S. RAO, J) 16.09.2011 KH