JUDGMENT :

Abhay Manohar Sapre, J.

1. Leave granted.

2. This appeal is filed against the final judgment and order dated 08.01.2008 passed by the High Court of Gujarat at Ahmedabad in Special Civil Application No.6737 of 2007 whereby the High Court allowed the Special Civil Application filed by respondent No.1 herein and while setting aside the order dated 23.02.2007 of the Trial Court allowed the application for amendment of the plaint filed by respondent No.1 herein.

3. The appeal involves a short point for its disposal as would be clear from the facts mentioned hereinbelow.

4. The appellants are the proposed defendants whereas respondent No.1 is the plaintiff and other respondents are the defendants in Civil Suit No.6170 of 1990 pending in the City Civil Court, Ahmedabad.

5. Respondent No.1 (plaintiff) has filed the suit for partition of the suit land and for consequential reliefs against the other respondents. In the said suit, respondent No.1 filed an application for amendment of the plaint. The Trial Court by order dated 23.02.2007 rejected the said application.

6. Respondent No.1 felt aggrieved by the rejection of her amendment application by the Trial Court and filed Special Civil