1 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.7959 OF 2007 PETITION NO.7959 OF 2007 PETITION NO.7959 OF 2007 Mr.Dinesh K Patel and anr. : Petitioners versus Shri Chunnilal R. Ghadiyali : Respondent Mr.Ketan R. Parekh i/by K.R.Parekh & Co. for the petitioners. Mr.Surendra Raja for the respondent CORAM CORAM CORAM : S.C.DHARMADHIKARI, J. : S.C.DHARMADHIKARI, J. : S.C.DHARMADHIKARI, J. DATED DATED DATED : MARCH 07, 2008. : MARCH 07, 2008. : MARCH 07, 2008. P.C. P.C. P.C. 1. The learned Judge has rejected the application for amendment only on the ground that there are two plaintiffs and Plaintiff No.1 alone has applied for amendment. In these 2 circumstances, the learned Judge was not informed in so far as the role of Plaintiff No.2. 2. Mr.Parekh, the learned counsel appearing for the petitioners/original plaintiffs, states that an application was filed on behalf of the plaintiffs in the suit. Their advocate had applied for amendment. Affidavit in support of that application was made by Plaintiff No.1. However, as if Plaintiff No.2 did not join in the application, the clarification that is given by the plaintiff is that Plaintiff No.1 was holding power of attorney for Plaintiff No.2. In such circumstances, I am of the opinion that hyper technical view of the matter has been taken by the learned Judge. Ultimately form does not matter but the substance does. Therefore, the application for amendment should not have been rejected only on this ground. 3. The impugned orders are quashed and set aside and the application for amendment shall now be considered on its own merits and in accordance with law after hearing both sides. The learned Judge to pass a fresh order treating 3 the application as being filed by both the plaintiffs. All contentions on amendment application are kept open. The petition is allowed accordingly. [S.C.DHARMADHIKARI,J] [S.C.DHARMADHIKARI,J] [S.C.DHARMADHIKARI,J]