1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5989 OF 2009 Chaturbhuj Laxman Fere .. Petitioner versus Shankar Janardhan Dighe .. Respondent Mr.Surel S. Shah for the petitioner. Mr.S.N.Chandrachood for the respondent. CORAM : A.S.OKA, J. DATE : 11th January 2010. P.C: . The learned counsel appearing for the petitioner states that in application at Exhibit 41 averments have not been incorporated for making out a case in terms of proviso to Rule 17 of Order VI of the Code of Civil Procedure, 1908. He, therefore, seeks permission to withdraw the said application with liberty to file fresh application. The said request is opposed by the learned counsel appearing for the respondent. 2. The proviso added to Rule 17 of the Order VI of the said Code will apply to the present suit filed in the year 2005. While drafting the application, no reasons have been assigned for delay in applying for amendment. Therefore, an opportunity deserves to be granted to the petitioner to make a fresh application. 3. Accordingly, application at Exhibit 41 made by the petitioner is dismissed 2 as withdrawn with liberty to file a fresh application. 4. As a result, the impugned order has become in-operative. It is made clear that all objections of the respondent are expressly kept open and it will be open for the respondent to contest fresh application, if any, made by the petitioner on all permissible grounds. 5. Writ petition is disposed of in above terms. (A.S.OKA,J)