THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CIVIL REVISION PETITION No.1490 of 2009 DATED:15-10-2009 Between: Boya Karreppa & another. …Petitioners And Chinna Goud & 2 others. … Respondents ORDER: The defendants in O.S.No.189 of 2005 on the file of the Junior Civil Judge, Gadwal filed the present Revision questioning the order, dated 06-03-2008, in I.A.No.423 of 2008 in O.S.No.189 of 2005, whereby amendment of the plaint was ordered. 2. Respondents herein instituted the said suit for injunction simplicitor and before the trial has begun they filed I.A.No.423 of 2008 under Order 4 Rule 17 of the Code of Civil Procedure seeking amendment of the plaint in view of certain assertions made in the Written Statement. As stated supra, the said application was allowed. 3. Having considered the submissions made by both the learned counsel, this Court is of the view that there is absolutely nothing wrong on the part of the Junior Civil Judge in allowing the said application seeking amendment of the plaint. It is not as though the trial has begun or the trial is over and the suit is posted for arguments. No doubt, as contended by the learned counsel for the petitioner, the suit was instituted in the year, 2005 and the said application seeking amendment of the plaint was filed after three years and there are no bona fides. However, on that score, this Court is not inclined to hold that the said application is not maintainable. Accordingly, I see no merits in this revision. As the said application, seeking amendment of the plaint, was filed three years after the institution of the said suit, the Court below ought to have allowed the same on certain terms. As the Court below did not consider the said aspect, respondents-plaintiffs are hereby directed to pay costs of Rs.500/- (rupees five hundred only) within a period of two weeks, to the District Legal Services Authority at Mahabubnagar. 4. Accordingly, Civil Revision Petition is disposed of. It is needless to observe that in view of the amendment in the plaint, it is always open to the petitioners-defendants to file an additional written statement. There shall be no order as to costs. _______________________________ GOPALA KRISHNA TAMADA,J 15th October, 2009. Tsy