J.B. PARDIWALA, J.

1. IN this appeal, the appellants (newly impleaded defendants in the array of parties in Regular Civil Suit No.6170 of 1990 pending in the Court of City Civil and Sessions Court, Ahmedabad) seek to challenge the judgment and order dated 08.01.2008 passed by the learned Single Judge in Special Civil Application No.6737 of 2007 whereby learned Single Judge allowed the petition preferred by respondent no.1 herein by allowing application Exh:420 preferred in Regular Civil Suit No.6170 of 1990 in the Court of City Civil and Sessions Court, Ahmedabad and permitting respondent no.1-original plaintiff to amend the plaint.

2. FACTS relevant for the purpose of deciding this appeal can be summarized as under:-

2.1 Regular Civil Suit No.6170 of 1990 was instituted by Chanchalben Parshottamdas Patel, mother of respondent no.1 herein for partition of suit property of one Parshottamdas Khodidas Patel.

2.2 It appears that the Civil Judge granted ex-parte ad-interim injunction in terms of Para-4(a) of the Application Exh:5 preferred by the plaintiff (respondent no.1) in Regular Civil Suit No.6170 of 1990. Respondent nos.3, 4, 5/1 to 5/4, arrayed as defendant nos.1, 2 and