THE HON'BLE SRI JUSTICE B.PRAKASH RAO 7th August 2009 CIVIL REVISION PETITION NO.4777 of 2008 Between: Kommineni Sivaiah, S/o.Seshaiah, 43 years, Hindu, Cultivation, R/o.Ravipadu Village, Pedanandipadu Mandal, Guntur District. …PETITIONER AND 1. The Gram Panchayat, Rep.by Sarpanch, Ravipadu Village, Pedanandipadu Mandal, Guntur District. And three others. …RESPONDENTS THE HON'BLE SRI JUSTICE B.PRAKASH RAO CIVIL REVISION PETITION NO.4777 of 2008 ORDER: Heard Sri P.Rajasekhar, learned counsel appearing on behalf of the petitioner. In spite of service on the respondents and printing the names of the learned Government Pleaders for Panchayat Raj and Arbitration, none appears nor there is any representation on behalf of the respondents. The petitioner-first plaintiff files this revision under Article 227 of the Constitution of India, inter alia, seeking to assail the order dated 29.08.2008 in I.A.No.535 of 2008 in O.S.No.48 of 2004 on the file of the Principal Junior Civil Judge, Bapatla, rejecting his application filed under Order VI Rule 17 and Section 151 of the Code of Civil Procedure, 1908, seeking leave of the Court to amend the plaint by making addition to the prayer for mandatory injunction on the ground of subsequent constructions made. However, the Court below dismissed the same on the ground that the said application is made for the purpose of covering up latches on his part. Hence, the revision. Having considered the submissions made and on perusal of the material available on record, it is quite apparent that the necessity to add a further prayer for mandatory injunction arises only because of subsequent constructions made. Normally, in such a situation, the party should be allowed to make necessary amendment, whether they are entitled to such relief or not, and the same has to be gone into at the time of final disposal of the suit. It is well settled that the rules of procedure are to aid the parties but not to punish them. Hence, the Court below should have given an opportunity to the petitioner to amend the plaint. Accordingly, the Civil Revision Petition is allowed and I.A.No.535 of 2008 in O.S.No.48 of 2004 also stands allowed. No costs. _________________ (B.PRAKASH RAO, J) 7th August 2009 RRB