1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION No. 142/2010. ( Smt. Lilabai Jaisagar Sancheti Charitable Trust & others -: versus :- Sudhir Amarsingh Sanklecha & others ) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DATED : JANUARY 13, 2010. Heard Shri M.M. Sudame with Shri A. Chaware, learned Counsel for petitioners/defendants. Challenge is to order dated 03.11.2009, passed below Exh.40 by 2nd Joint Civil Judge, Senior Division, Wardha in Special Civil Suit No. 85/2008, thereby allowing the amendment to the plaint to incorporate challenge to a Registered Gift Deed dated 21.05.1987. The Trial Court has left the question of limitation open. Petitioner states that, none of the parameters laid down by the Hon’ble Apex Court in judgment reported at [2009] 10 SCC 84 (Revajeetu Builders and Developers .vrs. Narayanaswamy and Sons and others), are observed. With the assistance, I have perused the papers. I find that the amendment was moved by pointing out the death of the original defendant no.5 on 05.07.2009. The 2 amendment further raises challenge to Gift deed executed by her in favour of defendant no.6 contending that gift was not accepted and thus not acted upon. Suit is for partition and separate possession. The court below has found that the subject matter of that gift was intricately connected with the main challenge in the suit and it has also observed that merits of the claim cannot be gone into at that stage. However, it has left the issue of limitation open. Thus the trial Court has found the amendment to be necessary for proper and effective adjudication of the case and it has not recorded any finding that the amendment moved was malafide. It has left the issue of limitation open. As such there is no question of any prejudice being caused to either side in the matter. The amendment is also necessary to avoid multiplicity of litigation and it does not in any way fundamentally change the nature or character of the suit as filed. Shri Sudame, learned counsel has contended that a separate Civil Suit could have been very well filed for said grievance, however, when the question of partition of all other properties is being looked into, the question of gift deed which relates to part of it also needs to be gone into in very same civil suit. No case is made out warranting interference in the matter. Writ Petition is therefore dismissed with no order as to costs. JUDGE Rgd.