THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY CIVIL REVISION PETITION No.5347 of 2010 Date:14.10.2011 Between: 1. Balagoni Dasarahta (died) 2. Balagoni Bixapathy and 13 others. ..... Petitioners AND Tadaka Yadagiri and six others. .....Respondents Counsel for the Petitioners: Sri Y.L.Shivakalpana Reddy Counsel for Respondents: None appeared Counsel for respondent No.3: The Court made the following: ORDER: Despite service of notice on the respondents, no one entered appearance on their behalf. At the hearing, there is no representation for the respondents. This Civil Revision Petition arises out of order, dated 07.10.2010, in I.A.No.586 of 2010 in O.S.No.32 of 2003 on the file of the learned Junior Civil Judge, Ramannapet, Nalgonda District. The petitioners are the plaintiffs in O.S.No.32 of 2003 filed for declaration of their title and grant of permanent injunction against the respondents. It is the case of the petitioners that they have paid the entire sale consideration under the agreement of sale to the respondents and the sale transactions were reduced to writing, which were marked as Exs.A-1 and A-2. The petitioners further pleaded that possession was delivered to them and that simple sale deeds (Exs.A-1 and A-2) were produced before the competent authority, who validated the documents after collecting necessary stamp duties and penalties and that the revenue authorities have issued pahanies in their favour. After completion of pleadings, trial was held and the evidence was closed. At the stage of arguments, the petitioners filed I.A.No.586 of 2010 seeking amendment of the plaint for incorporating the plea relating to part performance based on Section 53-A of the Transfer of Property Act, 1882. This application was rejected on the sole ground that the petitioners failed to show that in spite of due diligence they could not file the amendment application earlier. A perusal of the plaint in the suit shows that the petitioners have specifically pleaded payment of consideration, execution of sale deeds and delivery of possession. They have, however, failed to specifically refer to Section 53-A of the Transfer of Property Act, 1882. Even though the said provision is not referred to in the plaint, all the pleadings raised by them indicate their plea regarding the part performance. Therefore, by allowing the application for amendment, the respondents are neither taken by surprise nor they stand to disadvantage. As rightly contended by the learned counsel for the petitioners, by allowing the amendment application, the petitioners are not allowed to introduce a new case or plead a new cause of action. Therefore, the Court below has failed to consider the application from the right perspective and has erred in dismissing the application mainly on the ground of failure of the petitioners’ to plead due diligence. In the affidavit, filed in support of the amendment application, the petitioners have clearly stated that due to inadvertence, the provisions of Section 53-A of the Transfer of Property Act, 1882 have not been referred to and that the same was realised at the time of preparation of the case for arguments by the learned counsel appearing for them. In my opinion, this ground is sufficient to satisfy the requirements of Order VI Rule 17 of the Code of Civil Procedure for allowing the application for amendment. For the above mentioned reasons, the Civil Revision Petition is allowed and the impugned order of the Court below is set aside. I.A.No.586 of 2010 in O.S.No.32 of 2003 on the file of the learned Junior Civil Judge, Ramannapet, Nalgonda District, is allowed. The petitioners shall be permitted to amend the plaint. The above order has been passed on the premise that the suit is still pending, as held out by the learned counsel for the petitioners at the hearing. It is made clear that if the said suit is already disposed of, this order shall have no effect. As a sequel to disposal of the Civil Revision Petition, C.R.M.P.No.7096 of 2011 filed by the petitioners for interim relief is disposed of as infructuous. __________________________ C.V.NAGARJUNA REDDY, J 14th October 2011 DR