GPN-J.332-ARCHB-8.94-1310500-ALA4 Spl-H.C.A.S.C.D.79e FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE WRIT PETITION NO. 5610 OF 200 WRIT PETITION NO. 5610 OF 200 WRIT PETITION NO. 5610 OF 2005 ------------------------------------------------------------ Office Notes, Office Memoranda of Coram, appearances, Court’s Court’s or Judge’s orders orders or directions and Registrar’s orders. -------------------------------------------------------- Mr. V.A. Thorat, Senior Advocate i/b. M/s.Kishore Thakordas & Co., for the Petitioners CORAM : F.I. REBELLO,J. CORAM : F.I. REBELLO,J. CORAM : F.I. REBELLO,J. DATED : 18th October,2005 DATED : 18th October,2005 DATED : 18th October,2005 P.C. P.C. P.C. . The Application for amendment has been allowed. One of the prayers sought in the amendment is for recovery of possession. On behalf of the petitioners learned Counsel states that this would not be meant to understand that the amendment relates back to the date of the plaint. The suit was filed in the year 2004. According to the Plaintiffs the possession was lost in 1985. In the light of that they should not be preluded from raising plea of limitation. 2. On perusal of the impugned order there is nothing set out that would indicate that the petitioners herein are barred from raising the pleas which they are entitled to in law including the plea of limitation and jurisdiction. In para.3 of the order which is the only paragraph dealing with allowing of the amendment,there is no such observation. In other words what that means is that the petitioner can raise all objections, which they are entitled to in law in the written statement to be filed. Considering the above, petition disposed of accordingly. (F.I. REBELLO (F.I. REBELLO (F.I. REBELLO J). J). J).