Judgment :

1. Leave granted.

2. This appeal is directed against the judgment and order dated 03rd March 2008 passed by a learned Single Judge of the High Court of Gujarat in Special Civil Application No.451 of 2008 whereby and whereunder the said Application against an order dated 01st December 2007 passed by the learned 3rd Additional Sr. Civil Judge, Surat in Regular Civil Suit No.669 of 1985 dismissing an application of the respondent seeking amendment to the plaint, was allowed.

3. The basic fact of the matter is not in dispute.

4. Plaintiff-appellant filed a suit against Surat Municipal Corporation in its capacity both as a town planner and as Local Authority on or about 08th May 1985 before the learned Civil Judge, Surat which was earmarked as Regular Civil Suit No.617 of 1985. Deceased-respondent herein, claiming to be an allottee in respect of plot no.29-B of the Town Planning Scheme No.3 also filed a suit against the appellant herein praying, inter alia, for the following reliefs :

"Therefore the plaintiff humbly prays that,

(1) be pleased to restrain the defendants from interfering and causing obstruction on the land situated in Surat City, Katargam Town Planning Scheme No