GPN-J.332-ARCHB-8.94-1310500-ALA4 Spl-H.C.A.S.C.D.79e FARAD CONTINUATION SHEET No. 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 SIDE APPELLATE SIDE APPELLATE SIDE WRIT WRIT WRIT PETITION NO. 9706 OF 2004 PETITION NO. 9706 OF 2004 PETITION NO. 9706 OF 2004 ------------------------------------------------------------ Office Notes, Office Memoranda of Coram, appearances, Court’s Court’s or Judge’s orders orders or directions and Registrar’s orders. -------------------------------------------------------- Mr. M.V. Sali and Arun Palekar for Petitioner. CORAM : F.I. REBELLO,J. DATED : JANUARY 17, 2005 P.C. . For the view to be taken notice to respondents dispensed with. . The suit was filed in the year 1978. By order dated 24.8.2004 plaint has been rejected on the ground that the property has not been properly described. IN my opinion the Plaintiff/Petitioner ought to have been given an opportunity to amend the plaint to give particulars if that was not done. Considering the above, the impugned order dated 24.8.2004 is set aside. The matter is remanded back to the trial court to enable the petitioners herein to apply for amendment of the plaint and after hearing he parties, to pass order according to Law. . If the respondents are still aggrieved by this order, it will be open to them to apply to this court for recall of the order. Petitioner to serve copy of this order on the Respondents. . P.A. to issue authenticated copy of this order. (F.I. REBELLO,J.)