ssm sm sm 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. 452 OF PETITION NO. 452 OF PETITION NO. 452 OF 2008 2008 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, appearances, Court’s Orders or directions and Registrar’s Orders Court’s or Judge’s Orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr.R.M.Nakhwa i/by Mr. Vasant Dhawan for the petitioners. Mr. P.K. Dhakephalkar i/by Mr.N.P.Shimpi, Adv. for Respondent No.1. CORAM CORAM CORAM : ANOOP V. MOHTA,J. : ANOOP V. MOHTA,J. : ANOOP V. MOHTA,J. DATED DATED DATED : 8th February, 2008. : 8th February, 2008. : 8th February, 2008. P.C. P.C. P.C. . The landlord being aggrieved by the impugned order dated 15/10/2007, by this petition has challenged the refusal of part amendment to the plaint which was in fact in consequence of para 2(a) of the written statement filed by the defendant. 2. The parties are always at liberty to amend and to take appropriate plea in defence. The ( 2 ) nature of consequential plea in reply cannot be objected and restricted. 3. Keeping all points open, I am of the view that the amendment as sought by the plaintiffs ought to have been allowed. 4. In view of this, the Petition is allowed. The Amendment is allowed. 5. The Plaintiffs to carry out the amendment within a week from the receipt of this order. If instructed or advised to amend written statement, two weeks thereafter. [ANOOP [ANOOP [ANOOP V. MOHTA, J.] V. MOHTA, J.] V. MOHTA, J.]