HONOURABLE SRI JUSTICE A. GOPAL REDDY CIVIL REVISION PETITION No:4297 OF 2009 ORDER: This is a revision filed under Article 227 of the Constitution of India seeking to revise the order of the Principal Junior Civil Judge, Avanigadda, in I.A.No.20 of 2009 in O.S.No.77 of 2004, dated 20.07.2009. The petitioners herein are the plaintiffs. They filed the above suit for recovery of possession of Ac.0.03 cents from the defendants. In that suit, the petitioners-plaintiffs filed I.A.No.20 of 2009 under Order 6 Rule 17 of C.P.C., for amendment of the plaint on the ground that they being illiterates could not correctly estimate the extent of encroachment made by the 1st defendant, but on measurements by the Commissioner appointed by the Court, it came to light that the encroached area is Ac.0.04 ½ cents and its linear measurements are 46 links on east, 75 links on south, 68 links on west and 75 links on north, and therefore, they may be permitted to carry out the amendment, and that they will pay the difference of Court fee. The trial Court dismissed the said application on the ground that the plea of the petitioners-plaintiffs that they are illiterates cannot be countenanced as they had chosen to file the suit on the basis of their documents and that if the petition is allowed, it causes prejudice to the proof of the defendants since they already filed their written statement and that the suit was filed in the year 2004 and now the amendment, if permitted it would change the linear measurements of the suit schedule property and also change the cause of action, dismissed the application. Heard the learned Counsel and perused the material available on record. It is the case of the petitioners-plaintiffs that they being illiterates could not give correct measurements of the encroachment made by the 1st defendant and therefore, they may be permitted to carry out necessary amendments. The suit for recovery of possession of Ac.0.03 cents itself is based upon the documents. The said extent is alleged to be in possession of the defendants. Mere change of extent of encroached site by Ac.0.04 ½ cents with its linear measurements as sought for by the petitioners-plaintiffs will not change the very nature of the suit and its cause of action. In these circumstances, this Court is of the view that the Court below failed in exercising its discretion in dismissing the above application. Accordingly, the Civil Revision Petition is allowed setting aside the order impugned herein. Consequently, I.A.No.20 of 2009 in O.S.No.77 of 2004 on the file of the Principal Junior Civil Judge, Avanigadda, is allowed. On such amendment being carried out, the defendants are entitled to file their additional written statement, if any. No order as to costs. _____________________ Justice A. Gopal Reddy Date:11th March, 2011 Nn. HONOURABLE SRI JUSTICE A. GOPAL REDDY CIVIL REVISION PETITION No:4297 OF 2009 11.3.2011