HONOURABLE SRI JUSTICE G.CHANDRAIAH CIVIL REVISION PETITION No.4787 OF 2009 Dated 9th December, 2009 Between: Dayawar Kishan and another. ….Petitioners. And: T.Linga Reddy and another. …Respondents. HONOURABLE SRI JUSTICE G.CHANDRAIAH CIVIL REVISION PETITION No.4787 OF 2009 ORDER: This C.R.P. is filed by the petitioners aggrieved by the order dated 30th September, 2009 passed by the learned District Judge, Nizamabad in I.A.No.2152 of 2009 in O.S.No.6 of 2009. Petitioners herein are the plaintiffs and respondents herein are the defendants respectively. The status of the parties will hereinafter be referred to as arrayed before the Court below for the sake of convenience. Originally, the plaintiffs had filed a suit in O.S. No.6 of 2009 for recovery of an amount of Rs.15,00,000/- from the defendants with future interest @ 12% p.a., from the date of the suit till realization and costs. During the pendency of the suit, the defendants came up with the application in I.A.No.2152 of 2009 in O.S.No.6 of 2009 seeking to permit them to amend their pleadings in the ends of justice and equity. The Court below having observed that when provision of law permits the parties to amend their pleadings and admittedly in the present suit filed by the plaintiffs, no issues were framed yet, no prejudice will be caused in accepting the claim of the defendants and that in view of the perusal of the agreement of sale, the defendants are justified in asking the Court for amendment of the plaint, allowed the application for determining the question in controversy, on payment of costs of Rs.250/- (Rupees two fifty only) by the defendants to the other side. Aggrieved by the same, the present revision has been preferred by the plaintiffs. Heard the learned counsel. It is contended by the learned counsel for the petitioners- plaintiffs that the defendants had filed this application seeking to amend the pleadings at a belated stage with an object to circumvent the provision of law. It is further contended that after filing written statement and draft issues, the defendants have come up with the petition for amendment of the pleadings. In order to escape legal complications and liabilities which were agitated by the plaintiffs in the suit, defendants came up with this application in question and Court below without taking all these facts into consideration, allowed the claim of the defendants and hence, the order impugned is not justified and thereby, the same is liable to be set aside by allowing the revision petition. On the other hand, it is contended by the learned counsel for the respondents-defendants that the proceedings of the suit in question are at preliminary stage. Written statement and draft issues have been filed and issues are yet to be framed. Amendment of pleadings does not amount to change the nature of the suit. Hence, the order impugned is justified and the same does not warrant any interference by this Court and as such, the revision is liable to be dismissed. I have perused the material available on record. A perusal of material available on record goes to show that the suit is at initial stage. After filing of the written statement and at the stage of issues yet to be framed, the defendants came up with the application in question seeking to permit them to amend their pleadings and the Court below after hearing the learned counsel, allowed their claim. Aggrieved by the same, the present revision has been preferred by the plaintiffs. Admittedly, when issues are yet to be framed, no prejudice would be caused to the other side if the petition seeking to amend the pleadings is allowed as rightly observed by the Court below. Apart from that, a lis has to be decided on its own merits but not on mere technicalities in order to have an effective adjudication of the issue involved and also to avoid the multiplicity of the proceedings of this nature. In this view of the matter, the claim of the defendants can be accepted in the circumstances as rightly observed by the Court below. Hence, I do not find any reason to interfere with the order impugned in this revision and as such, the C.R.P is liable to be dismissed. Accordingly, this Civil Revision Petition is dismissed. No costs. _______________________ Justice G.CHANDRAIAH Dated 9th December, 2009. Dvs HONOURABLE SRI JUSTICE G.CHANDRAIAH CIVIL REVISION PETITION No.4787 OF 2009 Dated 9th December, 2009