S.B. CIVIL WRIT PETITION NO.3123/2008 Ramdhan & Anr. Vs. Smt. Ganga Devi & Ors. Date of order : 18th July, 2008 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. D.D. Chitlangi for the petitioner. --------- 1. Heard learned counsel. 2. This writ petition is directed against the order dated 24.7.2006 whereby the learned trial court rejected the application of plaintiff under Order 6 Rule 17 C.P.C. seeking amendment in the plaint. The plaintiff wanted to add paras in the plaint whereby in the suit for partition they claimed ¾th share of the property jointly for remaining members of the family except one defendant in place of ¼th the share claimed in original plaint. 3. Though the learned trial Court has rejected the application on the ground that the facts in this respect were within the knowledge of the plaintiff at the time of filing of the suit and, therefore, they could have pleaded on that basis yet it is felt by this Court that the amendment sought would amount to changing the character of the suit filed by the plaintiff and, therefore no error is found in the impugned order rejecting the application for amendment. 4. The writ petition is devoid of merit. The same is accordingly, dismissed. [ DR. VINEET KOTHARI ], J. item No.30 babulal/-