SHANTANUBHAI BALBHADRARAI MAJMUNDAR Vs. PUNAMCHAND RAGHURAM THAKKAR

JUDGEMENT

(1.) Rule. Mr.Satyam Y.Chhaya, learned advocate, waives service of notice of Rule on behalf of the respondent. On the facts and in the circumstances of the case, and with the consent of the learned counsel for the respective parties, the petition is being heard and finally decided today.

(2.) This petition has been filed with a prayer to quash and set aside order dated 02.03.2009 passed by the Trial Court below application at Exhibit 48 in Regular Civil Suit No.153 of 1999, whereby, the said application filed by the petitioner (original plaintiff) under the provisions of Order 6, Rule 17 and Section 151 of the Code of Civil Procedure ("the Code" for short) has been rejected.

(3.) The brief facts of the case are that the above-mentioned suit had been filed by the petitioner (original plaintiff), interalia, for grant of permanent injunction, claiming certain easementary rights against the respondent. The suit was instituted on 14.10.1999. On 12.08.2008, the petitioner filed the application at Ex.48 praying for certain amendments in the plaint, incorporated therein. The said application has been rejected by the impugned order, giving rise to the filing of the petition.