1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.90 OF 2006 Mr.Rajaram Ramdular Sharma. ..Petitioner. Versus Shri Subhash Baburao Alulkar and anr. ..Respondents. ... Mr.L.S. Shukla, Advocate for the petitioner. Mr.S.J. Mishra, Advocate i/b. Mr.R.C. Kaushik, Advocate for respondent No.1. ... CORAM : SMT.V.K.TAHILRAMANI,JJ DATED : 6TH MAY, 2009. P.C. :- 1. Heard the learned Advocate for the petitioner and the learned Advocate for the respondent. 2. Suit has been filed by the petitioner being S.C. Suit No.2168 of 2005 against the respondents. In the said suit, the petitioner had taken out Chamber Summons for amendment as per the schedule annexed to the Chamber Summons. The said Chamber Summons came to be dismissed by the learned Civil Judge by order dated 13.12.2005, observing that if the Chamber Summons is allowed, the nature of the Suit would be changed. 3. The suit filed by the petitioner is for relief of declaration that the 2 respondent no.1 i.e. Defendant No.1 is a trespasser in the suit premises from the year, 2001 as well as for possession of the suit property admeasuring 3000 sq.ft. in Survey No.102 Hissa No.1, corresponding to City Survey No.135 at Bunderpakahdi village, Taluka – Borivali. The case of the petitioner is that the plaintiff had applied for certified copies of the proceedings in Suit No.4359 of 2002 which was between the respondent and the M.C.G.M., which suit was later on withdrawn by the respondent. The case of the petitioner is that some of the documents relied upon by the respondent in the said suit were forged and fabricated and, therefore, he took out Chamber Summons for the relief of declaration that these documents are forged and fabricated documents. 4. As stated earlier, the reliefs sought in the Suit are declaration and possession of the suit premises. However, the relief sought by amendment is entirely different from the earlier relief. This relief is for declaration that the documents relied upon in Suit No.4359 of 2002 are forged and fabricated. The cause of action for the relief of declaration that the documents are forged and fabricated, as sought by the petitioner in the Chamber Summons is entirely different cause of action for which separate proceedings would be necessary. Looking to the relief claimed in the Suit as well as in the proposed amendment, the learned Judge was right in observing that the nature of the Suit would be changed if the proposed amendment is allowed. Hence, no fault can be found with the order of the learned Civil 3 Judge. The order does not call for any interference. Writ Petition is rejected. [SMT.V.K.TAHILRAMANI,J.]