IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE SECOND DAY OF JULY TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE V.ESWARAIAH CIVIL REVISION PETITION No.1964 of 2010 Between: D.Jayamma and 3 others ..... PETITIONERS AND M.Sanath Kumar and 6 others .....RESPONDENTS The Court made the following: THE HONOURABLE SRI JUSTICE V.ESWARAIAH CIVIL REVISION PETITION No.1964 of 2010 ORDER: Petitioners herein are defendants 1 to 4 in the suit in O.S.1301/2003 on the file of the V Additional Junior Civil Judge, Tirupati . The respondents herein filed the said suit for declaration of title and for other reliefs. Written statement was filed by the defendants 1 to 3 which was adopted by the 4th defendant. Thereafter the defendants filed an application in I.A.35/2010 under Or.6 Rule-17 CPC seeking permission to get the written statement amended stating that the 4th defendant purchased the property bearing D.No.13-4-494 on 27.10.1997 and since then he was in possession of the said house and vacant site from 1998. The said I.A.35/2010 was filed only after commencement of trial. It is stated that the trial was already commenced and in fact the evidence was over and the matter was coming up for arguments and at the stage of arguments only the said application to amend the pleadings is filed. Under Or.6 Rule-17 CPC at any stage of proceedings either party is entitled to amend the pleadings but not after commencement of the trial unless the Court comes to the conclusion that in spite of due diligence the party could not have raised the matter before commencement of the trial. No reasons have been shown in the affidavit filed on behalf of the defendants as to why the said plea was not taken in the original written statement. Absolutely, no reasons have been stated that such application could not have been filed in spite of due diligence before the commencement of the trial. In view of the amended provisions of Order 6 Rule-17 CPC I am of the opinion that the Court below rightly dismissed the said application. The Civil Revision Petition is without any merits and the same is accordingly dismissed. No order as to costs. ___________________ V.ESWARAIAH,J Dated: 02.07.2010 Dsr