ORDER

This Civil Revision Petition, under Article 227 of the Constitution of India, is filed by the petitioners/plaintiffs, aggrieved by the order, dated 30.08.2023, passed in I.A.No.1101 of 2021 in O.S.No.12 of 2015, by the learned Principal Junior Civil Judge, at Narayanpet, wherein and whereby, the application filed by the petitioners herein under Order VI Rule 17 of Code of Civil Procedure, 1908 (CPC) seeking amendment of the pleadings in the plaint, was dismissed.

2. The brief facts of the case are that:

a) The petitioners herein/plaintiffs filed the suit vide O.S.No.12 of 2023 on the file of Principal Junior Civil Judge, at Narayanpet, seeking perpetual injunction against the respondent/defendant.

During the pendency of the said suit, the petitioners herein filed I.A.No.1101 of 2021 seeking amendment of the pleadings in the plaint as follows:

“1.

In cause title inserting declaration of title of the plaintiffs over the suit lands.

After completion of para no 2 inserting para no 2(a) as follows:

Para 2(a) The defendant basing on created and fabricated documents and also basing on created revenue records claiming right over the suit land and in these series on 5-11-2021 the defendant came to the suit land and for the first time denied the title of the plaintiff over the suit land. In fact during his lifetime the father of the plaintiffs never sold the suit land to anybody, but the defendants, colluded with revenue authority during the pendency of present suit created revenue records and denying the title of the plaintiff over the suit lands.

Inserting in para no.3 as follows:

On 5-11-2021 the defendant came to the suit land and without having any right over the suit land denied the title of the plaintiffs in respect of the suit lands.

Amending Para No.5 of the plaint as follows:

For the purpose of payment of court fee the suit of the plaintiff being declaration of title and injunction, hence as per the valuation certificate issued by the Tahsildar Makthal the total value of the suit lands comes Rs.4,27,000/- and its ½ value comes to rupees 2,67,000/-. Hence the plaintiffs paid the court fee of Rs.5126/- under sec.24(b) of T.S.C.F. and S.V.Act, 1956 which is sufficient and injunction relief its consequential relief to the main relief, hence separate court fee is not required.

Adding prayer portion as follows:

To declare that the plaintiffs are the owners for the suit lands bearing Sy.No.130/1/A an extent of Ac.1.39 cents and Sy.No.130/A/2 dry to an extent of Ac.1.30 cents total an extent of Ac.2.78 cents situated within the limits of Golapally Village, shivar under Makthal Mandal Dist:

Narayanpet.”

It is the case of the petitioners that during the pendency of the suit, the respondent colluding with the revenue officials, created fabricated documents and got mutated the suit schedule property in his name and basing on the fabricated entries in the revenue records, the respondent came to the suit schedule property on 05-11-2021 and denied the title of petitioners in respect of suit schedule property.

Therefore, the petitioners filed the application under Order VI Rule 17 CPC seeking amendment of the pleadings in the plaint.

b) The respondent filed counter affidavit and opposed the amendment application contending that the suit was instituted in the year 2015 and the written statement was already filed denying the title of the petitioner and the issues have been framed and the trial is also commenced and at this stage, if the petitioners are permitted to change the nature of the suit, it would create great hardship to the respondent and the petitioners have not made out any case for amendment of the pleadings in the plaint. Thus the respondent prayed for dismissal of the application filed under Order VI Rule 17 CPC.

c) The trial Court upon considering the facts and circumstances and rival contentions of both sides, framed the point for consideration as “Whether the petitioners are entitled for amendment of the p