under Order VI Rule 17 of the Code of Civil Procedure, 1908 (for short
“CPC”) rejecting the Application. Special Civil Suit No.1673 of 2019 is
filed seeking a declaration that the Suit property namely property
bearing No.323-A comprising of a fully tenanted building with land be
declared as property belonging to the partnership firm, namely
Defendant No.1 and not as the exclusive property of Defendant No.2
i.e. Arvindkumar Odawji Bhuta. Application seeking amendment
under Order VI Rule 17 of the CPC is filed in the year 2023 to
introduce a substantive amendment to seek a challenge to the
confirmation deed dated 24.06.2009 which presumably may affect the
rights in the Suit property and also seek a declaration that the Will of
Mr. Mondas Lawji Bhuta dated 27.08.1974 would not be binding on
the Plaintiffs which also may presumably affect the rights in the Suit
property. The question which, prima facie, arises is that of due
diligence. Party was aware about the above issues and documents at
the time of filing of the Suit. The learned Trial Court has dismissed the
Application on this ground itself. That apart, no challenge in this
fashion can be allowed to be maintained with respect to seeking a
declaration in respect of a registered document of the year 2009 and
with respect to the binding effect of a Will of 1974 in the year 2022 –
2023. Limitation, prima facie, is writ large on the face of record and
in that view of the matter, the learned Trial Court has passed the
impugned order.
