THE HONOURABLE SRI JUSTICE D.S.R.VARMA CIVIL REVISION PETITION No.896 of 2009 ORAL ORDER: Heard both sides. 2. This Civil Revision Petition is directed against the order, dated 19.12.2008, passed by the III Additional Junior Civil Judge at Vijayawada, dismissing the application I.A.No.868 of 2008 in O.S.No.849 of 2003, filed under Order 6 Rule 17 of the Code of Civil Procedure, praying to permit her to amend the plaint. 3. Petitioner is the plaintiff and the respondent is the defendant in the suit. 4. For the sake of convenience, in this order, the parties will be referred to as per their array in the suit. 5. The grievance of the plaintiff is that the amendment to the plaint sought for by her was rejected by the Court below. 6. It appears the plaintiff filed the suit in O.S.No.868 of 2008 for injunction, in which, initially, ad-interim injunction has been granted. The same was challenged by the defendant in the appellate Court, but it was dismissed. Subsequent to the said order of dismissal by the appellate Court, the defendant filed a suit in O.S.No.2075 of 2008 on the file of the III Additional Junior Civil Judge at Vijayawada. 7. In other words, the suit filed by the plaintiff is for injunction and she is claiming her rights, and incidentally, the title, basing on a gift deed and the suit filed by the defendant is to declare the said gift deed as null and void. Therefore, the question of validity or otherwise of the gift deed and the consequential title of the plaintiff or the defendant, as the case may be, pursuant to the rights created under the gift deed, is already the subject matter in the suit filed by the defendant. This becomes primary issue touching upon the title over the suit schedule property. Therefore, no amendment is required to be made to the plaint in the suit filed by the plaintiff for the simple reason that both the suits were clubbed together, evidence let in was common by both the parties and consequently, the trial Court had to record its findings on the aspect of declaration of title along with the claim made by the plaintiff in the suit filed for injunction. 8. It is brought to the notice of this Court that both the parties adduced their evidence in the suits. At this stage, filing of the present petition seeking amendment under Order 6 Rule 17 C.P.C. is not desirable to be allowed. 9. As already pointed out, the question of title in respect of the suit schedule property basing on the gift deed is already the subject matter in the suit-O.S.No.2075 of 2008 filed by the defendant, in such an event, there is no need to permit the plaintiff to amend the plaint in O.S.No.849 of 2003. Hence, I do not find any merits in the Civil Revision Petition and the same is liable to the dismissed. 10. In the result, the Civil Revision Petition is dismissed. However, there shall be no order as to costs. _______________________ JUSTICE D.S.R.VARMA 13th November 2009 DR