1 wp-8641-11 mmj IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8641 of 2011 Ashok Anna Kalokhe (deceased) through LRS Babutai Ashok Kalokhe & Ors. .. Petitioners Versus Balkrishna Ganesh Kulkarni & Ors. .. Respondents Mr. Amit Sale for the Petitioners CORAM : R.M.SAVANT, J. DATE : 1st DECEMBER, 2011 P.C. : 1 The above Petition takes exception to the order dated 29-6-2011 passed by the Learned Joint Civil Judge Senior Division, Islampur, by which order, the Application Exhibit 105 in Regular Civil Suit No.329 of 2010 filed by the Petitioner original plaintiff invoking Order 23 Rule (3) (b) of the Civil Procedure Code came to be rejected. 2 In my view, the reasons mentioned by the Trial Court for rejecting the said application so as to permit the Petitioners to file a fresh suit cannot be taken exception to having regard to the intent and purport of Order 23 Rule (3)(b) of the CPC. 3 In that view of the matter, no case for interference is made out. The writ Petition is accordingly dismissed. 4 However, the dismissal of the Petition would not preclude the 2 wp-8641-11 Petitioners for filing an application for amendment of the plaint by invoking Order 6 Rule 17 of the CPC. If such an application is filed, the Trial Court would consider the same on its own merits and in accordance with law. (R.M.SAVANT, J.)