1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR Letters Patent Appeal No. 450 of 2009 IN Writ Petition No. 3608 of 2009 [decided] [Abdul Razaque Ab. Wahed Vs. Chandrasen Champalal Shah] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr. B.N. Mohta, Adv., for the appellant. ------- CORAM : B.P. DHARMADHIKARI AND F.M. REIS, JJ. DATE : 12th October, 2009. 1. Heard learned Adv. Mr. B.N. Mohta for the appellant-original defendant. 2. At the stage of arguments, description of plaintiff has been allowed to be changed and he has been allowed to be shown as Karta of a Joint Family. 3. The order allowing amendment was challenged before learned Single Judge. Learned Single Judge, after noticing the fact that the petitioner before him was an encroacher, dismissed the Writ Petition. 4. In appeal, argument of Adv. Mr. B.N. 2 Mohta is, no reasons are put forth for allowing such amendment belatedly and it changes the nature of the suit. He further argues that order allowing amendment runs contrary to Order VI Rule 17 of the Civil Procedure Code [as amended]. 5. We find that by changing description of plaintiff, the nature of suit has not undergone any change and no prejudice is demonstrated to have been caused by present appellant, who is claimed to be an encroacher on suit property. Adv. Mr. Mohta contends that in view of legal provisions, the question of prejudice is totally irrelevant. We are not in a position to appreciate the arguments. 6. In the circumstances, we do not find any merit in the Letters Patent Appeal. Letters Patent Appeal is, therefore, dismissed. Judge Judge |Hedau| 3