:1: FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE DISTRICT : WRIT PETITION NO.7780 OF 2005 --------------------------------------------------------------------- Office Notes, Office Memoranda Court’s or Judge’s of Coram, appearances, Court’s orders orders or directions and Registrar’s orders --------------------------------------------------------------------- Mr.R.B.Parab for the Petitioner. CORAM : S.J.VAZIFDAR, J. DATED : 16TH JANUARY, 2007 P.C: Rule, returnable forthwith and heard. 2. By an order dated 13.12.2006 Dr.S.Radhakrishnan, J. placed the matter for final hearing at the admission stage. The Respondents are absent despite notice. By the impugned order, the Petitioner’s application for amendment was rejected. 3. As far as the deletion of a :2: portion of the written statement is concerned,a the order warrants no interference. The Petitioner is at liberty to either explain the admission or to challenge the order in that regard from the final decree, if necessary. 4. The impugned order however also rejects the Petitioner’s application to amend the written statement by inserting paragraph 13A (translation whereof is at page 46 of the plaint). This amendment merely seeks to rely upon a will dated 30.2.1999 and to make certain submissions based thereon. The will was referred to by Respondent No.5, who was not originally a party to the suit. The written statement of Respondent No.5 is dated 9.6.2005. The Petitioner’s written statement was filed on 11.10.2002. 5. Though belated, in my view, the amendment ought to be allowed as the :3: same will be necessary to effectively decide all the disputes to the suit. 6. In the circumstances, the impugned order is set aside only to the extent of permitting the proposed amendment contained in paragraph 3 of the application for amendment (Exhibit "E") to the plaint. 7. Rule is accordingly made absolute.