MP 1 WP570_11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 570 OF 2011 The Maharashtra Executor and Trustee Company Limited and another ... Petitioners Versus Shri Sahadu Raghu Ravade and another ... Respondents Mr. S. S. Kanitkar for Petitioners. Mr. D. M. Gupte for Respondents. CORAM : B.R. GAVAI, J. FRIDAY, APRIL 29, 2011 P. C. : Rule. Rule made returnable forthwith. Heard by consent. 2. By way of present petition, the petitioners challenge the order dated 15th September 2010 vide which the application filed by the present petitioners for amendment of the plaint came to be rejected. 3. Mr. Kanitkar, the learned Counsel appearing on behalf of petitioners submits that the learned Trial Court has grossly erred in rejecting the application. 4. Mr. Gupte, the learned Counsel appearing for respondents vehemently opposes the petition. 5. The perusal of the impugned order would reveal that the learned Trial Court has rejected the application on the ground that since the application was filed at a stage after the commencement of trial, the application was not tenable in view of the proviso to Order VI, Rule 17 MP 2 WP570_11 of the Code of Civil Procedure. Admittedly, the suit is filed in the year 1986, which is much prior to the amendment to the Code of Civil Procedure coming into effect. In that view of the matter, the reasoning given by the Trial Court is not sustainable in law. 6. In any event, from the perusal of the averments which are sought to be brought on record, it would reveal that the amendments pertain to the subsequent events which have taken place during the pendency of the suit. The perusal of the said averments would not reveal that the amendments are not connected with the issue in the suit. 7. In that view of the matter, I am inclined to allow the petition. The impugned order dated 15th September 2010 is quashed and set aside. The application filed by the present petitioners for amendment is allowed to be carried out within a period of six weeks from today. However, it shall be subject to costs, which are quantified to Rs. 5000/- to be deposited in the Trial Court, within a period of six weeks from today. On deposit of the said amount, the respondents would be entitled to withdraw the same. 8. Needless to state that the respondents would be at liberty to amend the written statement or file an additional written statement so as to meet the challenges made by way of amendment. (B.R. GAVAI, J)