wp5475.11.odt 1/2 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETN. NO.5475/2011 Rajaram Maroti Gothe and others -vs- Parwatabai Varluji Devtale and others ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders. or directions and Registrar's orders. ------------------------------------------------------------------------------------------------------------------------------------ Shri Daga, counsel for the petitioners. CORAM : SMT. VASANTI A. NAIK, J. DATE : 21.11.2011. By this petition, the petitioners impugn the order passed by the trial Court on 22/06/2011 allowing an application filed by the respondents-plaintiffs for amendment of the plaint. By the proposed amendment, the plaintiffs desired to plead that six properties were purchased by the defendant No.1 in the name of his sons and the defendant No.1 did not have the authority to execute the Will dated 23/10/2000 in respect of the properties mentioned in the amendment application. The suit was for partition and separate possession and the proposed amendment did not change the nature of the suit. In fact, the proposed amendment was necessary for effectively deciding the controversy between the parties. The trial had also not commenced in this case and hence, the wp5475.11.odt 2/2 amendment application could not have been rejected in view of the proviso to Order 6 Rule 17 of the Code of Civil Procedure. In this background, no fault can be found with the order passed by the trial Court on 22/06/2011 allowing the amendment application. In the result, the writ petition fails and is dismissed with no order as to costs. JUDGE KHUNTE