THE HON’BLE SRI JUSTICE V.ESWARAIAH CIVIL REVISION PETITION No.608 of 2009 ORDER: Heard both sides. The petitioner is the defendant and the respondent is the plaintiff, who initially filed the suit in O.S.No.1458 of 2002 on the file of the V Additional Junior Civil Judge, Tirupati, seeking the relief of perpetual injunction and as the defendant denied the title of the plaintiff, the respondent-plaintiff filed I.A.No.62 of 2008 under Order VI Rule 17 CPC seeking to amend the plaint seeking the relief of declaration of title and mandatory injunction. The trial court vide its order, dated 17-11-2008, allowed the said I.A. Aggrieved by the same, the present Civil Revision Petition is filed. It is the case of the respondent-plaintiff that he is the absolute owner and possessor of the suit schedule property and as the defendant denied his title, he filed I.A. seeking amendment of the plaint. It is stated that the trial is yet to be commenced. As the defendant denied the title of the plaintiff, the plaintiff is entitled to seek amendment of the plaint under Order VI Rule 17 CPC. If the said application is allowed, the cause of action and the nature of the plaint will not change and, therefore, to avoid multiplicity of proceedings, the trial court rightly allowed the said application. Therefore, I do not see any infirmity either legal or otherwise in the impugned order so as to call for interference by this Court under Article 227 of the Constitution of India. Accordingly, the Civil Revision Petition is dismissed. There shall be no order as to costs. ___________ 28-08-2009 Prv