1. This application is preferred under Article 227 of the Constitution of India. Petitioner herein has challenged the order of learned Principal Civil Judge, Olpad, Surat passed in Regular Civil suit No.23 of 2008. Challenging the order of rejection seeking amendment in the plaint. It would be necessary to briefly narrate the facts.

2. Petitioner-plaintiff filed the suit in respect of land bearing survey No. 76/01 of Block No. 107 situated at Olpad, Surat owned by Smt. Diwaliben d/o Keshav Mulji who died intestate on 24th May, 1958 leaving behind heirs and legal representatives.

3. Shri Balubhai Patel had represented and survived the properties of Smt. Diwaliben and on partition, mutation entry was entered into the record of rights which was certified on 10.5. 61. As there was no partition by metes and bounds, name of present petitioner continued in the revenue record till 2007 and by a relinquishment deed, his name was deleted.

4. Petitioner filed Regular Civil suit No. 23 of 2008 inter alia for declaration of right, partition and injunction in respect of suit property taking specific plea that relinquishment deed was prepared fraudulently and deleting his name from the r