dgm gm gm IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO.3775 OF 2008 PETITION NO.3775 OF 2008 PETITION NO.3775 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, appearances, Court’s Orders or directions and Registrar’s Orders Court’s or Judge’s Orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr.S.S.Shah for the Petitioners. Mr.Ajay Ashok Joshif or respondent no.1. CORAM CORAM CORAM : ANOOP V.MOHTA, J. : ANOOP V.MOHTA, J. : ANOOP V.MOHTA, J. DATED DATED DATED : 18th October, 2008. : 18th October, 2008. : 18th October, 2008. P.C. P.C. P.C. The defendants 9 to 13 want to lead evidence of one witness whose name is not in the witness list, but the court rejected the said prayer for want of sufficient explanation and further by observing that it is with intention to delay the proceedings. This, in my view, in the facts and circumstances of the case cannot be the reason to deny the opportunity specifically when the defendants yet to start his evidence, though the plaintiffs have completed. ( 2 ) Taking all this into account, the impugned order is quashed and set aside. The application is granted. The court to proceed accordingly. The petition is accordingly allowed. [ ANOOP V.MOHTA,J.] ANOOP V.MOHTA,J.] ANOOP V.MOHTA,J.]