MOHD AZMATH Vs. NEMURI RAMESH

JUDGEMENT

(1.) The respondent filed O.S.No.173 of 2007 in the Court of Junior Civil Judge, Medchal, Ranga Reddy District, against the petitioners for the relief of perpetual injunction in respect of the suit schedule property. The trial of the suit commenced, and it has progressed to a substantial extent. At that stage, the respondent filed I.A.No.1366 of 2011, under Rule 17 of Order VI C.P.C., with a prayer to permit him to amend the plaint, including the prayer, in the suit. The basis was that, during the pendency of the suit, the petitioners entered the suit schedule property on 13-09-2011, claiming rights under document dated 10- 05-2004, and thereby, the necessity has arisen to amend the suit, in such a way, that the prayer for declaration of title and recovery of possession is incorporated. The petitioners opposed the application. The trial Court allowed the I.A., through order dated 07-01-2012. Hence this revision.

(2.) Heard the learned counsel for the petitioners.

(3.) It is no doubt true that the application filed by the respondent was subsequent to the commencement of the trial. However, the proviso to Rule 17 of Order VI C.P.C., does not impose total prohibition of amendments, even if the application is filed after the trial has commenced. In case the cause of action has arisen, or the person seeking amendment was disabled from claiming the relief, despite his due diligence, the Court can permit the amendment.