1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE Writ Petition No.2096 of 2008 Mr.Deedarsing Baldeosing Petitioner Vs. Mrs. Kusumben Kantilal Shah & anr. Respondents Mr.V.P.Sawant i/b. M/s.Shantilal & Co. for petitioner. Mr.Atul Damle for resp.nos.1 and 2. CORAM: B.H.MARLAPALLE, J. April 3, 2008 P.C. . Heard Mr.Sawant the learned counsel instructed by M/s. Shantilal & Co. for the petitioner. Mr.Damle appears for the respondents. . Rule. . As the petition impugns an interlocutory order passed on 17/7/2007 by the learned Judge of the Small Causes Court at Mumbai, the petition is taken up for final hearing forthwith. . The plaintiffs filed an application at Exhibit 23 and contended that the present petitioner and original defendant in RAE Suit No.466/670 of 2006 has left India and he is permanently settled down in 2 United States of America and in support of this contention, they prayed to the Court to direct the defendant to submit his passport. By the impugned order the said application has been allowed. Mr.Sawant, the learned counsel for the petitioner has taken me through the plaint memo in RAE No.466/670 of 2006 and there is no such pleading regarding the alleged status of the defendant. Mr.Sawant is, therefore, right in his submissions that unless the plaint was amended and specific pleadings were taken by way of amendment allowed by the trial Court, an interlocutory application could not have been entertained and the impugned order has in a way amended the plaint itself. Mr.Damle, the learned counsel for the plaintiffs does not dispute this position in law and he also agrees that the plaintiffs have a right to seek an amendment application. . Hence the petition is allowed and the impugned order is quashed and set aside. Consequently the application below Exhibit 23 stands dismissed. This order will not come in the way of the plaintiffs to seek an amendment of the plaint. 3 . Rule is made absolute accordingly. No costs. . Rights and contentions of the respective parties are left open. (B.H.MARL