1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 955 OF 2010 (Raghunandan Gokulprasad Kesarwani vs. Radheshyam Gokulprasad Kesarwani & Ors.) 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. JUNE 15, 2010. Heard Shri Sharma, learned counsel for the petitioner and Shri Mohta, learned counsel for respondent No.1. The respondent – plaintiff inadvertently pleaded about Gift Deed though in fact it was a Will Deed. He, therefore, wanted to correct that error and he moved an application seeking that amendment. The amendment has been allowed. The learned counsel for the petitioner – defendant contends that nature of suit undergoes change. The admitted position is, the document as also its executor remains the same and it is, therefore, only the title of document which is sought to be rectified by the respondent – plaintiff. Shri Mohta, learned counsel for respondent No.1 has pointed out that in the plaint also at some places, the document is described as Will Deed. The learned counsel for the petitioner, 2 however, has stated that this was done through belated application for amendment and in counter claim a specific defence that it was not a Gift deed has already been raised. It is apparent that the error pointed out by the petitioner – defendant is being corrected by the respondent – plaintiff. I, therefore, do not find any case made out warranting any interference in writ jurisdiction. At the request of parties, Special Civil Suit No. 737 of 2002 pending on the file of 5th Joint Civil Judge, Senior Division, Nagpur, is expedited and it shall attempt to decide the suit at the earliest. Writ Petition is disposed of accordingly. No order as to costs. JUDGE *GS.