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. 268 OF PETITION NO. 268 OF PETITION NO. 268 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 Petitioners- Plaintiffs by this petition have challenged the order dated 15/10/2007, whereby their application to amend the plaint was rejected. After considering the rival submissions, there is no dispute on record that the amendment sought to be placed on record by the Plaintiffs is in consequence of the amendment, already allowed of the defendant in written ( 2 ) statement i.e. para 2(a). 2. The parties are always at liberty to amend and to take appropriate plea in defence. The 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. ( 3 ) [ANOOP [ANOOP [ANOOP V. MOHTA, J.] V. MOHTA, J.] V. MOHTA, J.]