THE HON’BLE SRI JUSTICE B. CHANDRA KUMAR Civil Revision Petition No. 850 of 2010 Order: The petitioners herein are the plaintiffs in O.S. No. 192 of 2007 on the file of the Senior Civil Judge, Madanapalle. The first respondent herein is the plaintiff in O.S. No.253 of 2007 on the file of the Principal Junior Civil Judge, Madanapalle. The first respondent herein filed I.A. No.1426 of 2009 in O.S. No. 192 of 2007 to permit the petitioners herein to amend the plaint schedule by bringing certain other properties as ‘B’ schedule property contending that those properties are the self acquired properties of late Patan Musa Khan and the said application was allowed on 03.11.2009. Challenging the same, the petitioners herein filed the present revision petition. The main contention of the petitioners as seen from the grounds of revision is that allowing of application for amendment after commencement of trial is prohibited under Order VI Rule 17 CPC. Sri Md. Saleem, learned counsel for the respondents, submitted that the petitioners and the respondents are the children of Moosa Khan and that the first respondent herein filed a suit in O.S. No. 253 of 2007 on the file of the Principal Junior Civil Judge, Madanapalle, for partition. It is also submitted that the respondents have filed a memo to club both the suits, but the said memo was not accepted since this Court granted stay of all further proceedings while admitting the present CRP. A perusal of the record would go to show that the lower Court, without assigning any reasons, has passed the impugned orders by simply stating that “Heard. Perused allowed on costs of Rs.200/-“. It is settled law that the lower Court ought to have considered that no application for amendment be allowed after the trial has 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 trial. Anyhow, since the impugned order is passed without assigning any reasons, I consider it just and reasonable to set aside the same and remand the matter to the lower Court for the purpose of passing fresh orders. Accordingly, the CRP is allowed and the impugned order is set aside. The matter is remanded to the lower Court for fresh disposal. It is made clear that the first respondent is at liberty to file a fresh memo to club both the suits and since this revision has been disposed of, there may not be any impediment to pass appropriate orders on such memo in accordance with law. If both the suits are clubbed together and the properties of Moosa Khan will become the suit schedule properties there may not be any need to pass any orders in I.A. No. 1426 of 2009 in O.S. No. 192 of 2007, even otherwise, the lower Court may pass appropriate orders in I.A. No. 1426 of 2009 in O.S. No. 192 of 2007 after hearing both the parties. No costs. ____________________ B. CHANDRA KUMAR, J. Date: 24.03.2011 Nsr