FARAD CONTINUATION SHEET NO.: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE WRIT PETITION NO.31 OF 2008 ------------------------------------:---------------------------------- Office Notes, Office Memoranda of : Court’s or Judge’s orders. coram, appearances, Court’s orders : or directions and Registrar’s : orders. : ------------------------------------:----------------------------------- Mr A.B.Borkar, for the petitioner. Mr S.S.Patwardhan, for the respondent. CORAM: D.B.Bhosale,J. DATED: 17.03.2008 P.C.: Rule. Mr.Patwardhan, learned counsel, waives service for the respondent. By consent, rule is made returnable forthwith and heard finally. I have heard learned counsel for the parties. This petition is directed against an order dated 5.12.2007, by which the petitioner’s application at Exhibit-111 in Regular Civil Suit No.160 of 2002 seeking amendment of the plaint, has been rejected. I perused the order so also the amendment application. It appears that by way of amendment the petitioner seeks to introduce prayers and consequential averments in the plaint in view of the subsequent developments which, according to the petitioner, occurred after filing of the suit. Learned counsel for the parties fairly stated that I need not record long reasons for allowing this petition. Keeping in view the overall facts and circumstances of the case, I am satisfied that the following order shall meet the ends of justice. (a) This writ petition is allowed and the impugned order is set aside. The application at Exhibit-111 for amendment is allowed, subject to payment of costs in the sum of Rs.2000/- to the respondent-defendant before the amendment is carried out. The petitioner to carry out the amendment within a period of four weeks from today. It is open for the respondent to file additional written statement within a period of four weeks thereafter. All contentions of the parties on merits including a question of limitation, if raised, is kept open. With these observations, the rule is disposed of. (D.B.Bhosale, J.)