THE HON'BLE SRI JUSTICE GHULAM MOHAMMED CIVIL REVISION PETITION NO :3537 of 2009 ORDER: The present revision petition is filed by the petitioners against the order passed in I.A.No:115 of 2009 in O.S.No:1195 of 2004 on 18.2.2009 by the learned 1st Additional Senior Civil Judge, Visakhapatnam. The petitioners are the plaintiffs. They have filed I.A.115 of 2009 under order 6 rule 17 C.P.C seeking to amend para-iii (b) of the plaint. The Court below having observed that the present application is filed at the belated stage and there are no convincing reasons for not filing the said application at the earliest point of time and the same is filed at the stage of cross examination of P.w.1 and in case the amendment is allowed, it gives rise to a new cause of action, dismissed the application. Having aggrieved by the same, the present revision is filed by the plaintiffs. Heard the learned counsel and perused the entire material available on record. Before going into the merits of the case, it is relevant to note that the plaintiffs wants to amend the paragraph iii (b) of the plaint as, “The deceased on 11.9.1996 at about 5 A.M. proceeding in search of Yerra Suribabu who had not returned from the fields on 10.9.1996 xxxxxxxxxxxxxxxx” instead of the sentences, which were originally drafted in paragraph iii(b) of the plaint as under: “The deceased while he was proceeding to his duty on 10.9.1996 at about 6 P.M the respondent electricity wire got cut and which has resulted instantaneous death of the deceased. The deceased was dead on the spot as there was electrical shock with high voltage.” A combined reading of paragraph iii (b) of the plaint and the proposed amendment, amply changes the very cause of action, as a result of which, it may cause prejudice to the case of otherside. Even apart from that, though order 6 rule 17 of C.P.C makes it clear that amendment can be sought at any stage of the proceedings, but at the same time, it should not be lost sight of the fact that the same can be done subject to the discretion vested with the Court in the facts and circumstances of each case. In this background of the matter, I am of the opinion that the reasoning assigned by the Court below while dismissing the petition, is just and proper and the order impugned herein, does not suffer from any illegality or irregularity. Hence, this revision petition is devoid of merits and as such, the same is liable to be dismissed. Accordingly, this revision petition is dismissed. No costs. ___________________________ Justice Ghulam Mohammed Dated: 13.8.2009 Gurc. THE HON'BLE SRI JUSTICE GHULAM MOHAMMED CIVIL REVISION PETITION NO:3537 OF 2009 13.08.2009