S.B.CIVIL WRIT PETITION NO.10109/2009 Smt. Zareena Praveen vs. Lrs of Mustak Ahmed DATE OF ORDER : 26/10/2009 1/2 S.B.CIVIL WRIT PETITION NO.10109/2009 (Smt. Zareena Praveen vs. LRs of Mustak Ahmed) DATE OF ORDER : 26/10/2009 HON'BLE DR.JUSTICE VINEET KOTHARI Mr.C.P.Soni, for the petitioner. 1. This petition is directed against the order dated 7/9/2009, whereby, the learned trial court has rejected the application under Order 6 Rule 17 CPC of the plaintiff-petitioner seeking amendment in the plaint in the present partition suit filed in 1982. The plaintiff claimed that since one of the shareholders Mustak Ahmed has left for Pakistan, therefore, he was not entitled to any share in the property and, therefore, to bring on record this fact, amendment in the plaint was required to be made. 2. Learned trial court has referred to order dated 31/8/2006, which was passed on an application under Order 1 Rule 10 CPC filed by plaintiff seeking deletion of the same Mustak Ahmed from the array of defendants and while rejecting the said application, the trial court observed that entitlement of share of said Mustak Ahmed on the basis of the fact of leaving for Pakistan would depend on the evidence on S.B.CIVIL WRIT PETITION NO.10109/2009 Smt. Zareena Praveen vs. Lrs of Mustak Ahmed DATE OF ORDER : 26/10/2009 2/2 record and it is a matter of argument. The learned trial court in that order has also noticed that said Mustak Ahmed was not a citizen of Pakistan but citizen of India and infact died in Makrana,within the State of Rajasthan. 3. Be that as it may, since it is a mixed question of fact and law and suit is at the stage of final arguments, if the learned trial court in its discretion has found fit not to permit any amendment in the pleadings in this regard, this Court is not inclined to interfere in the said order causing further delay in the conclusion of trial. 4. Consequently, this writ petition being devoid of merit is dismissed. Copy of this order be sent to opposite side and trial court. (DR.VINEET KOTHARI), J. item no.17 baweja/-