1 mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7940.2009 M/s.Salsetta Parseas (Bldg.no.3) Co.op.Hsg.Soc.Ltd. and another Petitioners versus M/s.Persapolis Construction Co. Pvt.Ltd. & ors. Respondents Molhit Jadhav for petitioners. M.M.Malvankar i/by R.A.Malandkar for respondent no.3. CORAM : A.S.OKA, J. DATE : 11th March 2010 PC : 1. The petitioners who are the original plaintiffs have taken an exception to the order passed by the Trial Court on 7th July 2009 by which the chamber summons taken out by the petitioners for amendment of the plaint has been rejected. The chamber summons was taken out admittedly after commencement of the hearing of the suit. The suit being of the year 2008, the same will be governed by proviso to Rule 17 of Order VI of the Code of Civil Procedure, 1908. There is absolutely no explanation in the affidavit in support as to why the said amendment could not be applied earlier. Considering the stage at which the application is made, this is not a case where interference can be made under Article 227 of the Constitution of India. Moreover, the order being an 2 interlocutory order, is capable of being challenged in an appeal which may be preferred by the petitioners against the decree passed in the suit, if the same be adverse to the petitioners. Subject to what is observed above, the writ petition is rejected. No order as to costs. (A.S.OKA, J.)