ORDER

Plaintiff in the suit filed the above revision against the order, dated 01.08.2022 in I.A.No.210 of 2020 in O.S.No.84 of 2017 on the file of learned I Additional Senior civil Judge, Guntur.

2. O.S.No.84 of 2017 was filed by the plaintiff for declaration and cancellation of the GPA bearing document No.4483 of 2013 executed by the plaintiff in favour of the defendant and for other consequential reliefs.

Page 2 of 6 SRS,J

3. After entire evidence was concluded, when the suit is coming up for arguments, plaintiff filed I.A.No.210 of 2020 under Order VI Rule 17 read with Section 151 of CPC seeking following amendments to the plaint:

1. In para III, Sub-Para I, line 7 ‘delete the word ‘Pledged’ and insert in its place the word ‘mortgaged’.

2. Insert the following sentence had the defendant paid sale consideration that would have been reflected in his bank statement and income tax returns. Any amount exceeding Rs.25,000/- should be paid by way of cheque as per law. So, the respondent/defendant did not file any of this material along with his return statement. So, any transaction tainted by un-accounted and black- money cannot be taken cognizance and void in law’, after the end of the sentence in line no.7 in Sub-

Para 2 of Para III at page no.2 of the plaint.

3. Insert the words ‘came to know’ after the word ‘recent’ appearing in 7th and 8th line of Sub-Para 2 of Para III of the plaint at page no.2.

4. Delete the word ‘G.P.A.’ where ever it appears in the plaint; insert in its place the ‘alleged sale deed’

where ever the word ‘G.P.A.’ appears in the plaint.

5. Insert the letter ‘R’ after the letter ‘p’ in the name of the village appearing in plaint schedule.

Page 3 of 6 SRS,J 6. Delete the word ‘Doc No’ in the schedule appearing in the 2nd line of schedule and insert in its place ‘Demarcation Number’.

4. Defendant, by filing counter, opposed the application.

5. Trial Court, by order, dated 01.08.2022 dismissed the said application. Aggrieved by the same, the above revision is filed.

6. Heard learned counsel for the petitioner.

7. Learned counsel for the petitioner would contend that by way of amendment, petitioner wants to correct some typographical mistakes and the amendment sought will not change nature of the plaint. He would further contend that though plaintiff disclosed all the facts to the counsel, counsel failed to mention all the facts in the plaint. He would also contend that trial Court without considering all the aspects, dismissed the application.

8. The point arises for consideration is whether trial Court failed to exercise the jurisdiction vested with it?

9. Suit O.S.No.84 of 2017 is filed for declaration and cancellation of document bearing No.4483 of 2013. Though the said document was described as GPA, in fact it is sale Page 4 of 6 SRS,J deed said to have been executed by the plaintiff in favour of the defendant. Wrong description of the document in prayer will not change nature of the document. The nature of the document will be decided basing on the recitals of the document.

10. After conclusion of evidence, I.A. was filed under Order VI Rule 17. As per Order VI Rule 17, at any stage of the proceedings either party to the suit can alter or amend pleadings in such a manner and on such terms, just and necessary for the purpose of determining real questions in controversy between the parties. By virtue of amendment in 2002, proviso was added. As per the proviso, a person seeking amendment must satisfy the Court with regard to due diligence.

11. In the case on hand, the affidavit filed in support of the petition, does not disclose any explanation for not filing amendment except stating that earlier Advocate did not mention facts properly. In fact, plaintiff is praying to declare and cancel document No.4483 of 2013. Basing on the pleadings, now available, parties to the suit proceeded with trial. After conclusion of trial, I.A. was filed seeking Page 5 of 6 SRS,J amendment without assigning any reason. Thus, petitioner failed to sa