IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION Writ Petition No.8492 of 2007. Writ Petition No.8492 of 2007. Writ Petition No.8492 of 2007. Shatrunjay Real Estate Developers Private Limited ..Petitioner versus Princess Maheshwari Devi ..Respondent Ms.Reshma J. Nathani h/f. Mrs./ Deepa Chavan, for the Petitioner Mr.Karl F. Tamboly, for the Respondent Coram : S.C.Dharmadhikari, J. Coram : S.C.Dharmadhikari, J. Coram : S.C.Dharmadhikari, J. Dated : 5th February, 2008 Dated : 5th February, 2008 Dated : 5th February, 2008 P.C. 1. This Writ Petition under Article 227 of the Constitution of India challenges the order passed by the learned Judge, Small Causes Court, Pune, rejecting the application for amendment. Though, the order dated 31st March, 2003 has been challenged after three years, the reason for the belated challenge is set out hereinbelow. 2. It appears that the order rejecting the amendment application was sought to be reviewed (Exhibit 24) was a Review Application filed by the present petitioner- original plaintiff to review the order rejecting the amendment. The earlier order was reviewed and the amendment application was granted on 1st January, 2004. The order passed in -2- the Review Application came to be challenged by filing a Revision Application before the District Court and the District Judge dismissed the Revision Application on 1st July, 2005. 3. In substance, the order granting amendment was confirmed. However, a Writ Petition was filed by the respondent-original defendant challenging the order passed by the learned judge on the review application and that of the Additional District Judge in the Revision Petition, principally, on the ground that the review application was not maintainable. That plea was accepted and this court set aside the order passed in the Review Application by exercising its writ jurisdiction. The order dated 15th June, 2007 in Writ Petition No. 8009 of 2005 clearly shows that the order has not been interfered with on merits, but only on the ground of jurisdiction. The present Petition is filed after the Court’s Order dated 15th June, 2007. 4. It is in such circumstances, that the original order dated 31st March, 2003 has been challenged by the unsuccessful plaintiff-petitioner before me. -3- 5. The proceedings disclose as to how a formal application for amendment could be opposed repeatedly and the litigation prolonged. This is a suit which is filed by the petitioner-plaintiff for eviction of the respondent-defendant. Admittedly, the suit is filed in 1999. The suit (Civil Suit No.643/99) filed in the Court of Small Causes at Pune for possession invokes the ground for default in payment of rent and non user of the premises by the tenant. After the suit was filed, writ of summons was served and the written statement also taken on record, an application for amendment was filed to place before the Court, events subsequent to the filing of the suit. The petitioner-plaintiff pointed out that the respondent has, after the institution of the suit carried out some alterations to the suit premises and started conducting some business therefrom. In the light of the alterations and the construction carried out, the Pune Cantonment Board has served a notice and the additional ground that is available is that the respondent should be evicted for carrying out unauthorized construction/alteration in the suit premises. That was sought to be incorporated by the -4- Amendment Application. This is a suit for possession under the Rent Control Act. It was permissible for the petitioner to introduce this ground and the learned Counsel appearing for the respondent-defendant could not demonstrate to me as to how the amendment was not permissible in law. In so far as the merits of the Amended pleas are concerned, this is not a stage to go into the same. Merely because the plea of limitation is raised does not mean that the court must disallow the amendment. The amendment can be granted subject to the plea of limitation being kept open. That course should have been adopted by the learned Judge. Instead, the learned Judge insisted upon the production of a copy of Notice from the Pune Cantonment Board. All these matters touch the merits of the controversy. If the petitioner cannot substantiate the plea as raised in the amended plaint it will not succeed and there will be no eviction on that ground. However, at this stage, it cannot be prevented from inserting an additional ground for eviction. That would obviate filing of another suit. One of the objection of Allowing Amendment is to avoid Multiplicity of Proceedings. -5- 6. In these facts and circumstances, I am unable to accept the contention of the Respondent that this Writ Petition should not be entertained. In the peculiar facts of this case and when the petitioner has been successful in the review petition and that order having been confirmed, but ultimately set aside only on the ground of lack of jurisdiction, this petition deserves to be entertained and allowed in the Interest of justice. Ultimately, all procedural laws are handmaids of justice and when the court has noticed that the amendment application has been allowed under another jurisdiction, then, the powers under Article 227 are wide enough to correct such errors and grant substantial relief. All powers, including the Supervisory one, are conferred to do Justice. 7. For the reasons aforestated, the writ petition suceeds. The order dated 31st August, 2003 is quashed and set aside. The amendment application is granted. Amendment to be carried out within a period of Two (2) weeks. A copy of the amended plaint to be served on defendant-respondent before me within two weeks thereafter. Additional written statement, if any, to be filed within four weeks -6- from the date of receipt of the amended plaint. In the circumstances of the case, there will be no order as to costs. (S.C.Dharmadhikari, J.) (S.C.Dharmadhikari, J.) (S.C.Dharmadhikari, J.)