THE HON'BLE MR JUSTICE V ESWARAIAH CIVIL REVISION PETITION No. 1241 OF 2011 DT.16.9.2011 Between: Kapa Nageswara Rao … Petitioner And Kapa Venkateswara Rao and others … Respondents Counsel for the Petitioner: Sri Ch.Ravindra Babu Counsel for respondent no.6 Sri G.Vijaya Babu The Court made the following ORDER: THE HON'BLE MR JUSTICE V ESWARAIAH CIVIL REVISION PETITION No. 1241 OF 2011 ORDER: The petitioner herein is plaintiff, who filed a suit in O.S. No. 54 of 2008 on the file of the Senior Civil Judge, Mangalagiri, Guntur district for the relief of specific performance of contract of sale agreement dated 7.6.1996. In the said suit, after commencement of the trial, the petitioner filed an application under Order VI Rule 17 and Section 151 of CPC seeking amendment of plaint questioning gift deed dated 9.7.2001 in Document No. 1388 of 2001 on the file of the Sub Registrar’s office, Tadikonda. The Court below on consideration of the matter, dismissed the said application by order dated 24.2.2011 on the ground that the said application filed at the fag end of trial is not maintainable under law and that it would alters the nature of the suit and cause prejudice to other side. The learned counsel for sixth respondent submitted that the sixth respondent in her written statement filed in O S No. 54 of 2008 has taken the plea as regards gift deed 9.7.2001 and produced a copy of the written statement before the Court. Heard the learned counsel for petitioner, the learned counsel for sixth respondent and perused the material available on record. Having regard to the fact that the sixth defendant has already taken a plea with regard to gift deed dated 9.7.2001 in her written statement, it cannot be said that for the first time during the course of cross examination, the plaintiff came to know about the gift deed. The Court below, having considered the matter, has rightly declined to amend the plaint and the said order needs no interference by this Court. The revision petition fails and the same is hereby dismissed. No costs. ______________ V.ESWARAIAH,J DT.16.9.2011 TVK THE HON'BLE MR JUSTICE V ESWARAIAH CIVIL REVISION PETITION No. 1241 OF 2011 DT.16.9.2011