1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6963 OF 2009 Santosh R. Kadam ....Petitioner V/s. Suhas S. Kamble & Ors. ....Respondents Mr.M.S. Topkar for the Petitioner. Mr.N.V. Bandivadekar for Respondent No.1. Mr.T.S. Ingale for Respondent Nos.2 and 3. Mr.P.I. Khemani, A.G.P. for Respondent No.4. CORAM : S.J. VAZIFDAR, J. DATE : 12TH JANUARY, 2010. P.C. :- 1. Rule. By consent the rule is made returnable and heard forthwith. 2. By an order dated 4.11.2009, the parties were put to the notice that the Writ petition may be disposed of finally at the admission stage. 3. The Petitioner has challenged the order of the School Tribunal rejecting the application for amendment of the written statement. The application was rejected on the ground that the Petitioner was aware of the facts stated in the proposed amendment earlier and that the law need not be pleaded. 4. Indeed, the contentions taken in the proposed amendment 2 could have been raised even without a pleading. However, it would be in the interest of all the parties if the points taken therein are pleaded as they would have specific notice of the same. The proposed amendment does not have the effect of withdrawing any admission. Nor is there any question of limitation in the present case. 5. In the circumstances, the impugned order is set-aside. Rule is made absolute in terms of prayer (a). The amendment is allowed. The Petitioner shall carry out the amendment in the record and proceedings of the School Tribunal within four weeks from today. Liberty to the parties to file supplementary pleadings, if necessary. 6. The Writ Petition is accordingly disposed of.