THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY Civil Revision Petition No.4539 of 2009 ORDER: The petitioner filed O.S.No.581 of 2005 in the Court of Principal Junior Civil Judge, Eluru, against the respondents, for the relief of perpetual injunction, in respect of a passage, leading to fish tank. Alleging that the respondents removed part of the passage during the pendency of the suit, the petitioner filed I.A.No.67 of 2009, under Order VI Rule 17 C.P.C., with a prayer to permit him to amend the suit. He wanted to incorporate the prayer for mandatory injunction as well as the relevant facts, pertaining to that relief. The application was opposed by the respondents. Through its order, dated 12.06.2009, the trial Court dismissed the I.A. Hence, this C.R.P. Heard Sri P. Satyanarayana, learned counsel for the petitioner. The suit filed by the petitioner was the one for perpetual injunction. Thereafter, he wanted to incorporate the prayer for mandatory injunction. The trial Court felt that the proposed amendment would alter the nature of the suit, and that there is no cause of action for the same. It is, no doubt, true that the amendment, if otherwise in order, can be permitted, notwithstanding the fact that the nature of the suit may change. However, the change should be such that, it does not contradict with the relief that is claimed in the suit, as originally filed. Assuming that the petitioner has made out a case for the proposed amendment, he has to cross a legal hurdle. The relief of mandatory injunction cannot be claimed, except by seeking a declaration, as to the corresponding right. Even if the proposed amendment is ordered, the suit would suffer from a serious infirmity. Therefore, the C.R.P. is dismissed. It is, however, left open to the petitioner to file an application to amend the suit, incorporating the relief of declaration of right/title and other consequential reliefs or to file a fresh suit on those lines. There shall be no order as to costs. ____________________ L.NARASIMHA REDDY, J. Dated:23.09.2009. Note: Furnish C.C. in one week. (B/o) GJ