IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE CIVIL JURISDICTION WRIT PETITION NO.8051 OF 2008 Hirachand Babya Bhoir and ors. ..Petitioners Vs. Malti Dhanurvijay Thakur ..Respondents Ms.Teja Katdare, Advocate for petitioners. Mr.Dr.P.K.Deshmukh, Advocate for respondent nos.1, 2 and 4. CORAM : S.C.DHARMADHIKARI, J. DATE : 22nd April, 2009. P.C. 1 An application for amendment having been rejected, the petitioners-plaintiffs are before this Court. 2 The only reason assigned by the trial court while rejecting application for amendment is that the petitioners/plaintiffs have not set out the reason as to why when they filed the suit they could not bring heirs and legal representatives of Balu Gosavi Bhoir and Posha Gosavi Bhoir on record. Learned Judge rejected the application only on that ground so also because exact date of death of deceased was not mentioned. 3 Having perused the order under challenge in the backdrop of the application filed for the amendment of the plaint so also the affidavit in support thereto, it is apparent to me that the learned Judge has adopted hyper technical approach. Genology is already referred in the plaint. The suit is for partition and separate possession in so far as joint family property. Therefore, plaintiffs desire that all claimants in the property should be before the court so that full and complete adjudication can take place and proper decree can be passed. I see no reason in rejecting said application. More so, when sufficient reason has been assigned in the application and affidavit, merely because the exact date of death is not mentioned, is no reason to reject the application. More so, when it is not disputed that the two persons whose heirs are being brought on record and the members of joint family. In such circumstances and when death is undisputed, the application for amendment should have been allowed. The order under challenge suffers from non application of mind to the liberal principles which are to be applied while considering such applications. 4 Accordingly, the order under challenge is set aside. The application for amendment is allowed. Amendment be carried out within a period of four weeks from the date of receipt of copy of this order. Writ Petition is allowed in the above terms. No order as to costs. [S.C.DHARMADHIKARI, J] *8051-08