ORDER :

The petitioner is the plaintiff. Aggrieved by the orders dated 05.11.2018 in I.A.No.1050/2018 in O.S.No.501/2011 on the file of the Additional Senior Civil Judge, Kadapa, the petitioner filed the Revision Petition.

2. The petitioner filed the suit for partition. In the said suit, the defendants 3 and 4 filed I.A.No.1050/2018 under Order VI Rule 17 r/w sec.151 CPC for the following prayer:

I. Add the following as Para 10 :-

It is submitted that the properties shown in the schedule of this written statement which are in the name of plaintiff/family members and which are not included by the plaintiff/family members intentionally or purposefully. It is submitted that item nos. 1 and 2 stands in the name of plaintiff while item no.3 stand in the name of his wife. All the three items are acquired by virtue of sale deeds during the period where the plaintiff has been pleaded in the plaint that all the family members have been living jointly. Therefore these defendants are entitled for share in these properties also.

II. Add the following a Para 11 :-

Cause of action for the counter-claim arose on dates 25.04.1994, 29.04.1982 and 20.05.1981 when the item nos.1 to 3 of the properties acquired in the name of the plaintiff and family members, on all dates when the plaintiff and defendants have been in joint possession and enjoyment of the same, on all dates when the plaintiff filed the suit excluding the properties shown in the schedule of the written statement, on all dates when the joint possession of the plaintiff and defendants are continuous in respect of the properties, when the plaintiff has intentionally avoided showing in the schedule of the plaint, at Palempalli Village, Kadapa District, where the properties situate within the jurisdiction of this Hon’ble Court.

iii. Add the following as Para 12 :-

Value of the Counter-claim for the purpose of Court fee and jurisdiction is as follows: Market value of the properties shown in the schedule of the written statement is Rs.3,87,200/-and 2/6th share comes to Rs.12,90,666/-and 3/4th of the same comes to Rs.9,68,000/-under section 50(1) of the Act and as these defendants have been in joint possession along with the plaintiff and other defendants, a fixed court fee of Rs.200/-is paid under section34(2) of A.P.C.F. and S.V.Act.

iv. Delete the existing Para 10 and Add the following as Para 13 :-

a. These defendants therefore pray that the Hon’ble Court may be pleased to dismiss the suit as regards to item no.6 of the plaint schedule property and pass necessary decree as regards to item nos.1 to 5 of the plaint schedule properties according to law with exemplary costs under section 35.A of CPC.

b. Pass a preliminary decree dividing the properties shown in the schedule of the written statement in to six equal parts and allot two such shares to the defendants 3 and 4 by taking in to consideration the good and bad qualities in to account,

c. Thereafter to get an advocate-commissioner appointed for the said purpose of physical division and to pass a final decree,

d. For costs of the counter-claim and

e. For such other reliefs as the Hon’ble Court deems fit and proper in the circumstances of the case in the interests of justice.

3. After elaborate discussion, the Court below has allowed the application. Assailing the said orders, the present revision is filed. Learned Counsel appearing on behalf of the petitioner has mainly contended that the order of the Court below is contrary to proviso of Order VI Rule 17 CPC. Admittedly, issues were framed basing on the pleadings and the plaintiff adduced evidence and filed his chief examination affidavit and marked Ex.A1 to A5 on behalf of the plaintiff. Matter is posted for cross-examination of PW1. In view of the bar imposed in the provision, once the trial has commenced no application or amendment shall be allowed. The said objection was taken by the parties in the Court below. But without considering the same, the I.A. filed by the defendants/respondents was