1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL REVISION APPLICATION NO.144 OF 2007 _______________________________________________________________ Office Notes, Office } Memoranda of Coram, } Court's or Judge's orders appearances, Court's } orders or directions } and Registrar's orders } ___________________________}___________________________________ Mr.S. V. Gangapurwala, Advocate for petitioner. Mr.S. S. Kazi, Advocate for respondent nos. 3, 4 and 5. Mr.J. R. Shaikh, Advocate for respondent no.8. ........ [CORAM : K.U.CHANDIWAL, J. ] DATE : 21st January, 2010. PER COURT : 1. Heard both the Counsel extensively. Two prayers were made by the petitioner before the learned Judge by application dated 10.07.2007, one centers for effecting the amendment for incorporating certain facts after para no.14 as reflected in paragraph no.4 of the application, while other for impleadment of so called Respondent Nos.16 to 22 as mentioned in 2 paragraph no.5 of the application. 2. Considering the nature of the controversy, I do not agree with the contentions of Mr.Kazi that the proposed amendment will change the colour and complex and cause of action. The merit to which Mr.Kazi gave reference is not controversy to be tested by this court. The fact remains nature of amendment which is sought in terms of para No.4 refered above to be added in paragraph no.14 will meet the ends of justice and parties will be aware as to what has happened in earlier order. The application to that extent is allowed. However to the extent of impleadment of the respondents, as it covers ambit of Order 1 Rule 10(2) of the Civil Procedure Code, unless the respective parties are heard necessary orders could not be passed. Hence the order :- a) The civil revision application partly allowed. b) The application moved by the present petitioner before the learned Judge dated 10.07.2007 is allowed to the extent of effecting the amendment by adding certain facts at the end of paragraph no.14 as reflected in paragraph no.4. Other prayer 3 for impleadment of party respondents is set aside. c) The remedies to the petitioner herein for impleadment by another application is kept open. [ K.U.CHANDIWAL ] JUDGE gas/cra144.07