JUDGMENT : P.K. Misra, J. - Plaintiff has filed this revision against the order of the lower appellate court rejecting the Plaintiff's prayer for amendment. The suit had been filed for declaration of right of way. The suit having been dismissed, the appeal has been filed which is now pending before the District Judge, Khurda. During the pendency of the appeal, an application for amendment was filed. For convenience, the proposed amendment as sought for by the present Plaintiff-petitioner is extracted hereunder: The Plaintiff respectfully submits that on dated 21-3-89, Sri S. Mohapatra, Revenue Inspector, Bhubaneswar Tahsil, measured the suit land in presence of Defendant No. 1, Plaintiff's husband N.K. Harichandan Ray and village Gentlemen and on such measurement plot No. 907, 864 was measured and on such measurement it was found that the suit property is a road being a Government land. and memorandum was reduced into writing containing the facts that the suit plot is a road, and it was agreed that Defendant No. 1 will not create any obstruction or hindrance in the suit plot and also not create any obstruction in right of the user of the Plaintiff over the suit Road. The said memorandum was duly signed by the Defendant No. 1 in presence of the witnesses agreeing from not to raise any obstruction over the suit land and also in the right of the user of the Plaintiff over the Road for the purpose of ingress and egress of the Plaintiff from her residence to the public road as there is no alternative passage of the Plaintiff from coming out from her residence to the public road. 2. Objection was filed by the Defendants-respondents to such amendment on the ground that it would introduce a new fact. The said amendment petition has been rejected on the ground that the proposed amendment would introduce a new fact is an afterthought. 3. Though ordinarily question of amendment is a matter of discretion of the Court considering such prayer, I find in the present case the lower appellate court has dealt with the matter in a mechanical manner and has failed to exercise jurisdiction 4. Law is well settled that prayer for amendment can be made at any stage including the appellate court. Though ordinarily question of amendment is a matter of discretion of the Court considering such prayer, I find in the present case the lower appellate court has dealt with the matter in a mechanical manner and has failed to exercise jurisdiction 4. Law is well settled that prayer for amendment can be made at any stage including the appellate court. In the present case, the amendment as sought for would not change the nature of the suit, though it may require parties to adduce further evidence. If the amendment is allowed and parties are given further opportunity for adducing evidence, the present opposite parties would not be prejudiced as they will have the opportunity of proving that the averments as per the petition for amendment are not correct. On the other hand, if the prayer for amendment is rejected, the question of right of way of the Plaintiff may be adversely affected. Since the prejudice caused to the Defendants can be compensated by payment of cost, I deem it proper to allow the petition for amendment subject to payment of Rs. 500/- (Five bundred) as cost. The cost of Rs. 500/- is paid to Shri S. Pujhari,counsel appearing for opposite party No. 1 in Court. Accordingly, the amendment is allowed. The Defendants must be given opportunity of filing written statement and thereafter opportunity should be given to both parties to adduce further evidence. This may be done by the appellate court by retaining the appeal while permitting the parties to adduce evidence on the question now raised by framing a new issue and directing the trial court to receive evidence and return the same together with its finding on the additional issue framed in accordance with Order 41, Rule 25, Code of Civil Procedure. It is made clear that any observation made in the Civil Revision should not be considered as expression of any opinion on the merit of the appeal one way or the other. 4. The Civil Revision is accordingly allowed. Civil revision allowed. Final Result : Allowed