HON’BLE SRI JUSTICE A. GOPAL REDDY CIVIL REVISION PETITION No.2502 OF 2010 DATE:25-06-2010 BETWEEN Meka Veera Venkata Satyanarayana Murthy …Petitioner AND Vinturi Radha Krishna …Respondent THIS COURT MADE THE FOLLOWING: HON’BLE SRI JUSTICE A. GOPAL REDDY CIVIL REVISION PETITION No.2502 OF 2010 ORDER: In a suit filed for permanent injunction in O.S.No.211 of 2002, the plaintiff-petitioner herein after closure of his evidence and when the defendant was examined as D.W.1, took time twice for cross-examination and later filed I.A.No.91 of 2010 seeking amendment of the plaint schedule at item No.2 in the southern boundary as defendant’s land instead of plaintiff’s land. The lower Court by the impugned order dismissed the said I.A. on the ground that in view of proviso to Order VI Rule 17 C.P.C. no application for amendment shall be allowed after trial is 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 the trial. Admittedly, the plaintiff-petitioner herein was examined as P.W.1 on 18.6.2009 and one more witness was examined on his behalf on 5.11.2009, and that both of them were cross-examined and they reported no evidence. Thereafter, the defendant filed his affidavit in lieu of chief-examination as D.W.1 and for his cross- examination, the plaintiff-petitioner herein after taking time twice filed the impugned I.A. stating that the suit is posted for evidence on his side, which, in fact, is not correct and it was only posted for cross-examination of D.W.1. In that view of the matter and as the plaintiff-petitioner herein has not established that in spite of his due diligence, he could not have taken steps to amend the plaint, no infirmity is discernable with the impugned order passed by the lower Court warranting interference by this Court in exercise of supervisory jurisdiction. The revision fails and the same is accordingly dismissed. No order as to costs. _______________ A. GOPAL REDDY, J. JUNE 25, 2010 Tsr.