1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR WRIT PETITION NO. 5050/2008 (Shri Gurudas Champatrao Chivhane vs. Smt.Saraswatibai @ Sarubai Keshaoji Taksande & others) CORAM : B.P.Dhamadhikari, J. DATE : 2 nd DECEMBER, 2008 Heard Advocate Shri Walthare, for the petitioner. In a suit for partition and separate possession, as petitioner/defendant no.4 pointed out that sale deed is executed on 22.1.2008, while filing written statement & the plaintiff moved an application for amendment. Said defendant no. 4 (present petitioner) was joined as party in that suit, because of agreement entered into in his favour by defendant no.1. The plaintiff, therefore, moved application seeking necessary changes in their plaint and they also wanted to add a prayer that said sale of joint family property was not binding upon them and the sale deed was illegal and void. By impugned order, the Court below has allowed that amendment. Learned counsel for the petitioner states that the amendment changes the nature of the suit and second contention is, proper court fees are not paid. It is apparent that the nature of suit does not undergo any change as suit was for partition and it was filed in 2008 only. In so far as challenge to 2 payment of insufficient court fee is concerned, while allowing application for amendment, the trial Court has not considered it, but then the said objection can be taken into account by the trial Court at any point of time and the present petitioner can invite the attention of the court to it. I, therefore, do not find any case made out warranting interference in writ jurisdiction. The writ petition is, therefore, dismissed with no order as to costs. JUDGE Rvjalit