VEMPALLI SRINIVASULA REDDY Vs. V M RAMAKRISHNA REDDY

JUDGEMENT

(1.) Heard Sri Mahadeva, the counsel representing the revision petitioner and Sri Ramesh the learned counsel representing the respondents.

(2.) This Court on 18-8-2005 ordered notice before admission and the interim stay was granted for a period of four weeks. The counsel representing the respondents had entered appearance and the Civil Revision Petition is heard at length and the same is being disposed of at the stage of admission.

(3.) Sri Mahadeva, the learned counsel representing the revision petitioner, the plaintiff in O.S.No.519 of 2002 on the file of Principal JuniorCivilJudge, Proddutur would contend that the petitioner, as plaintiff filed I .A. No.641 of 2005 in the said suit praying for amendment. The learned counsel would also contend that the petitioner filed the application praying for alteration of the plaint plan in view of the report of the Commissioner and the plan filed by the Commissioner. The learned counsel would also submit that this can be taken as a subsequent event and inasmuch as liberty was prayed for when a prior similar application had been dismissed, the said order would not come in the way of this Court in considering the present application and Civil Revision Petition on merits. The learned counsel also explained that the affidavit of chief-examination was filed on 30-9-2004. But, however, inasmuch as the main provision of Order VI Rule 17 of the Code of Civil Procedure (in short hereafter referred to as 'Code') specifies "at any stage of proceedings", the same can be allowed inasmuch as this is only a subsequent event and also in view of the fact that the petitioner- plaintiff has been prosecuting the litigation with all diligence. The learned counsel however in all fairness would submit that this would be a post-trial amendment and not a pre-trial amendment and also would submit that the suit itself is instituted after the Amendment Act 22 of 2002 coming into force and hence, the amended provision alone would be applicable.