1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION WRIT PETITION NO.7182 OF 2009 Rakesh R.Pahuja ...Petitioner vs. The Municipal Corporation of Greater Bombay ...Respondent Mr.G.V.Murti i/b M/s.Murti & Associates for the petitioner Mr.M.M.Malvankar for respondent-BMC CORAM :A.S.OKA,J. DATE : FEBRUARY 10, 2010 P.C. 1 Heard the submissions of the learned counsel for the parties on the earlier date. The challenge in this Writ Petition under Article 227 of the Constitution of India is to the order dated 27 th July 2009 by which the Chamber Summons taken out by the petitioner-plaintiff for amendment of the plaint has been rejected. 2 A suit is filed by the petitioner-plaintiff for injunction restraining the respondent-Corporation from demolishing the suit premises on the basis of the notice dated 29 th December 1998. The Chamber Summons for amendment of the plaint was taken out on the basis of the certain documents which came in possession of the petitioner in February 2007. It is pointed out in the Affidavit in support that on 20 th April 2009 the petitioner was served with the letter of the same date informing that an order has been passed by the Commissioner of the Municipal Corporation directing that the notice dated 3 rd May 1982 will be pursued further. Amendment was necessitated by the said decision of the 2 respondent-Corporation and the documents which came in the custody of the petitioner during the pendency of the suit. Amendment sought was for adding the averments based on the aforesaid documents and for challenging the notice dated 3rd May 1982 and communication dated 20 th April 2009. Notice dated 3 rd May 1982 was not challenged earlier as even according to the case of the respondent, it was decided not to act upon the said notice. By communication dated 20 th April 2009, the petitioner was informed that the notice will be pursued further. 3 Amendment is based on subsequent events. The suit has been filed prior to 1 st July 2002 and therefore, provisio added on 1 st July 2002 to rule 17 of Order VI of the Code of Civil Procedure,1908 will have no application. Hence, the amendment ought to have been allowed. 4 Hence, I pass the following order : i) Impugned Judgment and Order dated 27 th July 2009 is quashed and set aside. ii)The Chamber Summons No.312 of 2009 is made absolute. iii)Amendment to be carried out within a period of two weeks from the date on which writ of this order is received by the trial Court. iv)The petition is allowed on above terms. JUDGE