FAKRUNISHA ABDULAMIYAN Vs. JINATBANU RAFIAHMEDMIYAN

JUDGEMENT

(1.) BY way of this petition under Article 227 of the Constitution of India, the petitioner - original plaintiff has challenged the order passed by the learned 4th Additional Senior Civil Judge (S. D.), Junagadh below Ex. 35 in Special Civil Suit No. 75 of 1999 dtd. 29/7/2005, whereby the learned trial court has dismissed the application submitted by the plaintiff to amend the suit as well as the Schedule to the suit.

(2.) MR. MEHUL Shah, learned advocate appearing on behalf of the petitioner has vehemently submitted that keeping all the questions open inclusive of the limitation, payment of additional court fees etc. the learned trial court ought to have allowed the application Ex. 35 by permitting the petitioner - original plaintiff to amend the suit. He has heavily relied upon the decision of the Hon'ble Supreme Court in the case of M/s. Ganesh Trading Co. Vs. Moji Ram, reported in AIR 1978 SC 484 and in the case of Pankaja and another Vs. Yellapa (D) by L. Rs. and Ors. , reported in AIR 2004 SC 4102.

(3.) MR. MITHANI, learned advocate appearing on behalf of the contesting respondents has tried to support the impugned order passed below Ex. 35 by submitting that in the facts and circumstances of the case when the learned trial court has rejected the application Ex. 35 to amend the suit by adding certain properties in the Schedule, the same is not required to be interfered with in exercise of the powers under Article 227 of the Constitution of India.