1 mpt IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9366 of 2007 Shri Murlidhar D. Jadhav .. Petitioner versus Paigambar Babu Mulani & ors. .. Respondents ... Mr.V.S. Talkute for the petitioner. Mr.Rupesh Bobde for respondent nos.1 to 8. CORAM : A.M.KHANWILKAR, J DATED : 12th August 2008 P.C.: 1. Heard counsel for the parties. 2. Rule. Rule made returnable forthwith by consent. Mr.Datar waives notice for the respondent. As short question is involved, petition is taken up for final disposal forthwith by consent. 3. This writ petition under Article 227 takes 2 exception to the judgement and order passed by the 3rd joint Civil Judge, Jr. Division, Malshiras dated 9th August 2007 below Exhibit.49 in Regular Civil Suit no.527 of 1993. By this order, the Court has partly allowed amendment as prayed for by the petitioner. At the same time, part of the amendment is rejected on the reasoning that if the same is granted, it will allow the petitioner to raise issue which is already barred by limitation. The latter part of the order is assailed before this court. It is well established by now that even if the amendment was in respect of matter or claim which may be barred by limitation, the amendment can still be granted in the interest of justice keeping the question of limitaton in respect of those facts open to be decided at the trial. Applying that principle, the view taken by the court below refusing to grant amendment in part on that reasoning is set aside. Instead the application Exhibit 49 filed by the petitioner is made absolute in its entirety. 4. The impugned judgement and order is accordingly set aside leaving all question of merits to be decided by the trial court uninfluenced by the fact that amendment has been permitted in terms fo this order. As aforesaid, even the question of limitation with regard to the claim set up pursuant 3 to the amendment will have to be examined by the trial court on its own merits. Amendment in terms of this order be carried out by the petitioners within four weeks from today. 5. Petition is disposed of in the above terms with no order as to costs. (A.M.KHANWILKAR, J)