1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6375 OF 2009 Mr Aspandiar Rashid Irani .. Petitioner Vs Smt Banoo Khodad Irani and anr .. Respondents Mr.D.S.Mhaispurkar, Advocate for the petitioner. Mr.S.D.Mogre, for Respondent nos 1 and 2. CORAM : D.B.BHOSALE, J. DATE : 12/10/2009 PC: 1. Heard learned counsel for the parties. Rule. By consent, rule made returnable forthwith. Learned counsel appearing for the respondents waives service. By consent, the petition is taken up for hearing and final disposal at the admission stage itself. 2. By this writ petition, the petitioner-plaintiff has impugned the order dated 7.5.2009 passed by the City Civil Court, Mumbai, rejecting Chamber Summons No.72 of 2009 taken out by the petitioner-plaintiff in S.C.Suit No.4688 of 1995. The Chamber Summons was taken out by the petitioner seeking amendment of the plaint in terms of the schedule appended to T 2 the application. I have perused the proposed amendment by which the plaintiff principally wants to incorporate in the pleadings that a suit, being RAD No.1671 of 1994, filed by defendant no.2 in the Small Causes Court at Mumbai, claiming tenancy, has been dismissed vide judgment and order dated 11.8.2005. I have perused the impugned order and the judgment of this court in Bharat Petroleum Corporation Ltd Vs Precious Finance Investment Pvt Ltd, 2007(1) Mh.L.J. 331. I have also perused the reasons recorded in paragrpah 5 of the order wherein the learned Judge has recorded that plaintiff can bring on record a certified copy of the judgment passed by the Small Causes Court in the second defendants’ suit. In my opinion, the amendment will not cause any prejudice to the defendants and it would be open to them to file additional written statement if they so desire. It is true that there is delay to some extent in filing the said application but the delay can be compensated by imposing costs to be paid to the defendants. In the circumstances, rule is made absolute. The impugned judgment dated 7.5.2009 is set aside. The petitioner-plaintiff is allowed to carry out amendment, as prayed, within a period of four weeks from today. It is open to the defendants to file additional written statement if they so desire within a period of six weeks after the amendment is carried out and the amended plain is served upon 3 the defendants. If the petitioner-plaintiff fails to carry out the amendment and serve a copy of the amended plaint on the defendants, as aforementioned, the trial court shall proceed to hear the suit without amendment. The petitioner-plaintiff shall pay costs of Rs.1000/- to the defendants before carrying out the amendment. (D. B. Bhosale, J.)