This Civil Revision Petition, under Article 227 of the Constitution of India, is filed by the unsuccessful respondent/2nd defendant assailing the order, dated 04.01.2016, of the learned Principal Junior Civil Judge, Chirala, passed in IA.no.1264 of 2015 in OS.no.55 of 2010 filed by the petitioner-plaintiff under Order VI Rule 17 read with Section 151 of the Code of Civil Procedure, 1908, [the Code, for brevity] requesting to permit the plaintiff to amend the plaint as stated in the petition list.

2. I have heard the submissions of Sri K.Subba Rao, learned counsel appearing for the revision petitioner-2nd defendant, and of Sri Y.Narapa Reddy, learned counsel appearing for the 1st respondent-plaintiff. I have perused the material record.

2.1 The parties shall hereinafter be referred to as the plaintiff and the defendants for convenience and clarity.

3. The facts, which are required to be stated as a preface to this order, in brief, are as follows:

The plaintiff brought the suit against the defendants including the revision petitioner/2nd defendant for cancellation of a sale deed, dated 26.02.2008, executed by the 1st defendant in favour of the 2nd defendant and for costs pleading inter alia that the transaction under the sale deed is null and void. The 2nd defendant filed a written statement resisting the suit. During the pendency of the suit, the plaintiff filed aforesaid interlocutory application to permit the plaintiff to amend the plaint and carry out consequential amendments to enable the plaintiff to seek the relief’s of declaration of ownership of the plaintiff over the plaint schedule property and recovery of vacant possession of the said property, viz., Ac.00.06 cents (=0.024 hectares = 291 square yards) situated at Epurupalem village, Vadarevu Panchayat, Chirala Mandal, more fully described in the schedule annexed to the plaint. The 2nd defendant filed a counter resisting the said application. On merits and by the orders impugned in this revision, the trial Court allowed the petition of the plaintiff. Hence, the unsuccessful 2nd defendant is before this Court.

4. Before proceeding further, it is necessary to refer to the pleadings of the parties.

4.1 The case of the plaintiff and the submissions made on his behalf, in brief, are as follows: The plaintiff filed the suit for cancelation of registered sale deed, dated 26.02.2008, executed by the 1st defendant in favour of the 2nd defendant. The 1st defendant sold the plaint schedule property of an extent of Ac.00.06 cents to the plaintiff for a valuable consideration of Rs.4,365/- under registered sale deed, dated 21.05.1988, duly registered in the Sub Registrars office, Chirala, vide Document bearing no. 1413/1988, by clearly mentioning the measurements as well as extent. Suppressing the said fact, the defendants in collusion with each other created another sale deed in respect of the plaint schedule property in favour of 2nd defendant on 26.02.2008, and got the same registered in the office of the Sub Registrar, Chirala. The said sale deed was brought into existence with a view to defeat the valuable rights of the plaintiff over the plaint schedule property. Recently, the plaintiff came to know that the 2nd defendant ploughed the plaint schedule property. Thus, the plaintiff lost possession over the plaint schedule property. Hence, the learned counsel for the plaintiff advised the plaintiff to seek amendment of the plaint. Hence, the present petition is filed to permit the plaintiff to seek amendment and consequential amendments of the plaint.

4.2 Per contra, the case of the 2nd defendant and the submissions made on his behalf, in brief, are as follows: The material allegations in the plaint as well as in the affidavit filed in support of the petition are false. The same are specifically denied. The plaintiff recently came to know that this defendant ploughed the plaint schedule land and that the plaintiff thus lost possession and that therefore, he was advised to seek