1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.4612 OF 2011 _______________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|_______________________________________ CORAM : S.V.GANGAPURWALA,J. Date : 29.06.2011. 1. Heard. 2. The petitioner impugns the order passed by the learned trial Judge allowing the application of the plaintiff for amendment, by virtue of which the trustees of the Trust are added as parties. Mr.Sonwane, learned counsel submits that in fact, the defence of the petitioner was that all the trustees are not made parties and as such the suit itself is not tenable. By allowing the said amendment the defence of the petitioner is taken away. Even otherwise these are old trustees. The Court below could not have allowed the said 2 amendment which would take away the defence of the petitioner. 3. While passing the impugned order, the Court has observed that the plaintiff has given notice to the defendant for production of the documents of the Trust but the defendant has not produced the documents of the management of the Trust nor had produced any document about the change in the trustees. The suit is at a preliminary stage. Even the Court U/o 1Rule 10 sub-rule (2) of the C.P.C. has got suo-motu powers to add the parties. 4. In light of the above, the Writ Petition is dismissed. No costs. (S.V.GANGAPURWALA,J.) Dt.29.06.2011. asp/office/wp4612.11 3