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.6085 OF 2008 PETITION NO.6085 OF 2008 PETITION NO.6085 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, appearances, Court’s Orders or directions and Registrar’s Orders Court’s or Judge’s Orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr.D.D.Singh for the Petitioner. Mr.K.C.Mehta for the Respondents. CORAM CORAM CORAM : ANOOP V.MOHTA, J. : ANOOP V.MOHTA, J. : ANOOP V.MOHTA, J. DATED DATED DATED : 1st October, 2008. : 1st October, 2008. : 1st October, 2008. P.C. P.C. P.C. . The Petitioner has challenged the impugned order dated 30/07/2008, whereby the learned Trial Court, partly granted an Application for Amendment in Written Statement. There is averments on record to justify, to file this amendment Application by the Defendants to its written Statement as it is moved after grant of amendment to the plaint, which according to the Petitioner introduced various new factors and therefore, this amendment to clarify his defence which according to him goes to the root of the matter including ( 2 ) jurisdiction of this Court. 2. Considering the averments made in the remaining paragraphs of the original application, I am inclined to grant this Application. 3. The impugned order is therefore, quashed and set aside. The Amendment Application as filed by the Petitioner-Original Defendant No.2 is allowed. The trial Court to proceed accordingly. In the circumstances, keeping all points open, the Writ Petition is allowed. [ ANOOP V.MOHTA,J.] ANOOP V.MOHTA,J.] ANOOP V.MOHTA,J.]