Iythu Itha Laxmi vs Sadanandam
2021 Latest Caselaw 2837 Tel

                Hon'ble Sri Justice T. Amarnath Goud
                     C.R.P.Nos. 756 & 763 of 2021
Common Order:

1.       These two Civil Revision Petitions arise out of Common Order

dated 24.03.2021 passed by the learned II Additional District and

Sessions Judge (FTC), Mancherial in I.A.Nos.118 and 119 of 2021 in

M.V.O.P.No.198 of 2011, rejecting the petitioners' request to reopen

the case, which is posted for judgment, and to permit them to amend

the plaint by adding Section 166 (1) before Section 163(A) of the

Motor Vehicles Act in the MVOP.


2.       At the hearing, learned counsel for the contesting respondent

No.2 submits that the trial had been concluded, arguments were

completed and the case is coming up for pronouncement of orders

and at this juncture, the petitioners have filed the aforesaid IAs for

amendment of the pleadings. He further submits that if the

amendment is allowed, serious prejudice will be caused to the

respondents. Hence, prays to dismiss these revision petitions.


3.       Heard learned counsel for the parties and perused the impugned

order.


4.        Earlier, the petitioners had filed an amendment petition to

delete Section 166(1) of the Act by continuing Section 163(A) of the

Act as the provision of law, which was allowed. Now, the petitioners

filed the aforesaid IAs to add Section 166(1) of the Act, which was
                                   2




once sought to be deleted. As per Order VI Rule 17 of the Code of

Civil Procedure, 1908, no application for amendment of the pleadings

shall be allowed after the trial has commenced, unless the Court

comes to the conclusion that in spite of due diligence, the party could

not have raised the matter before the commencement of Trial. After

the conclusion of the Trial, no liberal approach could be adopted.


5.    In view of the same, the lower Court has rightly dismissed the

IAs and this Court does not see any valid reason to interfere with the

same. Hence, these two Civil Revision petitions are dismissed.


      As a sequel, Miscellaneous Petitions, pending if any, stand

disposed of as infructuous.


                                       ________________________
                                        T. AMARNATH GOUD, J.

29.09.2021 lur