1 abs FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1 OF 2010 ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mr. P.S. Dani for the petitioners. Mr. A.K. Jalisatgi for respondent nos.1,2, 3(1) to 3(6). CORAM : D.G. KARNIK, J. DATE : 14TH JUNE 2010 P.C. : 1. On being asked about the prima facie maintainability of the suit without complying with the provisions of Order 1 Rule 8 of the Code of Civil Procedure and seeking a declaration in favour of a person who is not a party to the suit, learned counsel for the petitioner seeks leave to withdraw the application (Exhibit-70) made in the suit with liberty to apply afresh after curing the defects, if 2 any, in the suit. 2. Leave granted. The writ petition is disposed of as withdrawn with liberty as above. 3. It is clarified that this order shall not be treated as a permission granted to the plaintiff to amend the plaint and/or to cure the defects without leave of the Court. If such an application is made, the Court shall consider it on its own merits without being influenced by any of the observations made herein. (D.G. KARNIK, J.)