RAJENDRA RAMCHODDAS BADSHAH Vs. DEEPAK ISHWARDAS

JUDGEMENT

(1.) Rule.

(2.) Rule made returnable forthwith. By consent of the parties, the writ petition is taken up for final hearing at the stage of admission itself.

(3.) By the present writ petition under Article 227 of The Constitution of India, the petitioner has challenged the order passed below Exh. 116 in Reg. C.S. No. 819/1993, pending on the file of 7th Jt. Civil Judge, J.D. Aurangabad, by which the learned trial Judge has allowed the application for amendment under Order 6 Rule 17 of C.P.C, as according to the first respondent, during the pendancy of the suit before the trial Court, the respondent Nos. 3 to 6 have relinquished/ surrendered their share in favour of respondent No. 1. Inspite of this amendment was opposed by the petitioner herein on the ground that the trial has already commenced, if the proposed amendment is allowed, it will change the nature of the suit, and lastly and most importantly that the cause of action to the suit and the proposed amendment are totally based on different causes. Without considering these points, the learned trial Judge was pleased to allow the application vide order dated 4/12/2008. The impugned order is the subject matter of this writ petition.