NAVAGAM BHALIYA KOLI SAMAJ Vs. JAGDISHCHANDRA PURSHOTAMBHAI PATEL

JUDGEMENT

(1.) The present writ petition has been filed seeking quashing and setting aside the order dtd. 6/10/2008 below Exh.31 passed in Special Civil Suit No.268 of 2001 by 7th Additional Senior Civil Judge, Surat allowing the amendment application Exh.31 preferred by the respondent- original plaintiff, whereby the entire nature of the suit and scope of the suit is completely changed.

(2.) The petitioners are the original defendants, being Trustees of Navagam Bhalia Koli Samaj Trust. During the pendency of the suit, one Shri Chhaganbhai Hirabhai Patel-original defendant No.2, who was joined as one of the Trustees, has passed away.

(3.) The respondent/original plaintiff instituted Special Civil Suit No.268 of 2001 against the petitioners/original defendants praying for a declaration that the respondent is a tenant of the suit land since 1/4/1993 and is in possession since then.