(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. WRIT PETITION NO. 1749 OF 2011 M/s. Bhagchand Manikchand Shop, Through Its Partner, Shri Manikchand Dhanraj Thole, Age : 74 years, Occupation : Business, R/o. Manik Bhavan, Kopargaon, Taluka : Kopargaon, District : Ahmednagar, Through GPA Holder i.e. Prakash Vasantrao Kulkarni, Occupation : Service, .. Petitioner R/o. Kopargaon. (Original plaintiff) versus Golden Enterprises Shop, Shrirampur, Through its Proprietor, Shri Rafique Razzak Chamdiya, Age : 50 years, Occupation : Business, .. Respondents and another. (Original defendants) ....................... Mr. S.D. Kulkarni, Advocate, holding for Mr. S.S. Kulkarni and Mrs. R.S. Kulkarni, Advocates, for the petitioner. ........................ (2) CORAM : B.P. DHARMADHIKARI, J. DATE : 9TH MARCH 2011 COURT'S ORDER : 1. Heard Adv. Mr. S.D. Kulkarni, appearing for the petitioner. 2. The petitioner has challenged the order dated 11-1-2011, passed by the learned Joint Civil Judge (Junior Division), Kopargaon, below Exhibit 81 in Regular Civil Suit No. 172/2005. 3. In the written statement itself, there was specific defence that deponent is a partnership firm and hence its other partners were necessary parties. The contention, that it is a proprietary concern, was specifically denied. No steps were taken and no amendment was sought at that time. After affidavit of examination in chief, consistent with that written statement was presented by the defendant, application under Order VI Rule 17 of CPC has been moved contending that as per say of defendant, he was earlier a proprietor and that concern has become a partnership firm. I find that this contention itself is misconceived. (3) 4. The trial court has correctly appreciated the controversy and found no reason for belated moving of application. 5. As I do not see any jurisdictional error or perversity, the petition is dismissed. Liberty to the petitioner, to challenge impugned order of trial court, after suit is finally decided, if occasion therefor arises. ( B.P. DHARMADHIKARI ) JUDGE ......................... bgp/wp1749