1. Heard.

2. RULE. Rule made returnable forthwith.

3. The plaintiff has filed this petition to assail the order passed by the trial Court by which the application (Exh.126) filed by the defendant Nos. 2, 2A to 2C1 under Order 6 Rule 17 of the Code of Civil Procedure seeking permission to amend the written statement is allowed.

4. The plaintiff has filed civil suit against the respondent No.1 i.e. Bharat Petroleum Corporation and the respondent No.2 M/s. S.D. Asoriya praying for decree for ejectment, possession and damages. The respondent No.2/ defendant No.2 is partnership firm and at the time of filing of the civil suit it was represented by Sanktaprasad D. Asoriya. The written statement on behalf of the respondent No.2 firm was filed in 2003. This written statement was verified and affirmed by Sanktaprasad Dwarkaprasad Asoriya. Subsequently, the plaint is amended and defendant Nos. 2A, 2B and 2C came to be impleaded in the capacity as partners of the defendant No.2 firm. In September, 2008 defendant Nos. 2A, 2B and 2C filed written statement. The defendant No.2C died on 10th January, 2011. After the death of defendant No.2C, defendant No.2(C1) is brought on record as per t