Judgment : Civil Revision petition is filed against the order dated 8. 2008 made in I.A.No.11845 of 2008 in O.S.No.3855 of 2007 on the file of VII Assistant Judge, City Civil Court, Chennai. The revision petitioner/respondent/defendant has filed thecivil revision petition aggrieved against the order dated 8. 2008 in I.A.No.11845 of 2008 in O.S.No.3855 of 2007 passed by VII Assistant Judge, City Civil Court, Chennai in allowing the amendment application filed under Order 6 Rule 17 of CPC by the respondent/petitioner/plaintiff praying to amend the plaint. 2. The trial Court while passing orders in I.A.No.11845 of 2008 in O.S.No.3855 of 2007 has inter alia opined that in the main suit, the evidence has not commenced and further that an objection to the Commissioners report has not been filed by the revision petitioner/respondent/defendant and has resultantly allowed the amendment application without costs. 3. In I.A.No.11845 of 2008 in O.S.No.3855 of 2007, the respondent/petitioner/plaintiff has sought for permission of the trial Court to amend certain paragraphs of the original plaint which is more fully and particularly described in paragraph 5 of the affidavit filed in support of the said application. A detailed counter has been filed by the revision petitioner/respondent/defendant inter alia to the effect that a) From trial Court to Honble High Court, Madras, it has been held that there is no vacant side beyond the plaintiffs property southern side wall;b) as per amendment Act of CPC no amendment will be allowed after commencement of trial;and c) The relief of mandatory injunction is clearly barred by the relevant provision of law of limitation. 4. On going through the order passed by the trial Court in I.A.No.11845 of 2008 in O.S.No.3855 of 2007 dated 8. 2008, this Court is of the considered view that the said order is a non-speaking one,in that the trial Court in its order has not adverted to the averments made in the said application and the counter averments made by the revision petitioner/respondent and on this ground alone, the order passed by the trial Court is liable to be set aside and accordingly the same is hereby set aside in the interest of justice. 5. In fine, the order passed by the trial Court in I.A.No.11845 of 2008 in O.S.No.3855 of 2007 is set aside. 5. In fine, the order passed by the trial Court in I.A.No.11845 of 2008 in O.S.No.3855 of 2007 is set aside. However, the trial Court is directed to take up I.A.No.11845 of 2008 in O.S.NO.3855 of 2007 on its file and dispose of the same after hearing both parties and also after taking note of the averments and counter averments and pass a reasoned speaking order. 6. The civil revision petition is disposed off in above terms. No costs. Consequently, connected M.P.No.1 of 2008 is closed.