1 IN THE HIGH COURT OF JUDICATURE AT MUMBAI CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7259 OF 2008 Noshir Jehangirji Lelinwala .. Petitioner. Vs. Rustom Jamshedjee Jeejeebhoy and Others .. Respondents. Mr.P.S.Dani with R.M.Haridas for the petitioner. Mr.Chirag Balsara with Parag Patil i/b M/s.Hariani & Co. for the respondents. Coram : D.B. BHOSALE, J. Dated : 16TH SEPTEMBER, 2009 P.C. . Heard learned counsel for the parties. 2. Rule. By consent, rule made returnable forthwith. Learned counsel appearing for the respondents waives service. By consent, the petition is taken up for hearing and final disposal at the admission stage itself. 3. This writ petition is directed against the judgment and order dated 22.9.2008 passed by the division bench of the Small Causes Court dismissing the revision application No.205 of 2008 filed by the petitioner and confirming the judgment and order dated 3.7.2008 passed on application at Exhibit-26 in T.E.Suit No.22/24 of 2007. The petitioner is original defendant. He had filed the application - Exhibit-26 seeking amendment of the 2 written statement. By way of an amendment he sought to amend several paragraphs of the written statement. Mr.Dani, learned counsel for the petitioner, however, submits that he has instructions to confine his request for amendment in terms of paragraph 10(a) and 10(b) only of the schedule appended to the application for amendment. On instructions, Mr.Dani states that the defendant does not intend to withdraw any statement/admission made/given in paragraph 10 of the written statement. In other words, he states that the defendant reiterates all the statements made and the admission given in pargraph 10. His statements are accepted. Having considered the submissions of Mr.Dani, learned counsel for the petitioner I am satisfied that the following order shall meet the ends of justice: Amendment in terms of paragraph 10(a) and 10(b) of the schedule appended to the application at Exhibit-26 of 2007 is allowed. It is made clear that the contents of paragraph 10(a) and 10(b) shall not be construed to mean that the statements/admissions in paragraph 10 of the written statement are withdrawn. The hearing of the suit is expedited. With these observations the Rule is made absolute. No costs. (D. B. Bhosale, J.)