J.B.PARDIWALA, J.

( 1. ) THE appellants have preferred this Appeal under clause 15 of the Letters Patent challenging the judgment and order dated 23rd August 2010 passed by the learned Single Judge in Special Civil Application No.11627/2008, whereby the learned Single Judge rejected the petition.

( 2. ) BRIEF facts relevant for the purpose of deciding this Appeal can be summarised as under:- Appellants are the original petitioners (original plaintiffs) of Regular Civil Suit No.184/2003 filed in the Court of 10th Civil Judge (S.D.), Surat. The suit has been preferred for declaration and permanent injunction.

In the said Suit, the appellants preferred application Exh.41 for amendment of the plaint, by which a declaration was sought from the Civil Court to quash and set-aside the sale deed dated 21st July 1993 and further declaration to treat the said sale deed as null and void being illegal.

( 3. ) IT appears that the said application Exh.41 was partly allowed by the learned Civil Judge. While partly allowing the amendment, the relief as prayed for in clause 1(A) was rejected. The part of the amendment which the trial Court refused was on the ground that the suit was filed for