1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR SECOND APPEAL NO.107/2011 MAHENDRAKUMAR GIRDHARILAL AGRAWAL ..VS.. PAVANKUMAR SHIVNARAYAN SARAIYA & ORS Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Shri B.B.Mehadia, advocate for appellant Shri M.R. Kalar, advocate for respondents CORAM : A.B. CHAUDHARI, J. DATED : 28.09.2011. CIVIL APPLICATION CAS NO.297/2011 There is a prayer in this civil application for amending the prayer clause to the second appeal i.e. to challenge order dated 7.12.2010 below exhibit 26 passed by the lower appellate court rejecting the application filed by the appellant for amendment of written statement. Mr. Kalar, learned counsel for the respondents opposed this application on the ground that the appellant cannot be allowed to challenge the said order below exhibit 26 since the writ petition filed earlier against the said order was dismissed by this court. He further argued that it is too late to allow the appellant to challenge the said order in this second appeal. Even on merits, the said order is legal, correct and proper. 2 Having heard learned counsel for rival parties on this civil application, in my opinion, since this court had in the Writ Petition No.6033/2010 granted liberty to challenge the said order below exhibit 26, the submission is incorrect. In view of that liberty, the appellant can be allowed to challenge the said order in this civil application. Hence, I allow this civil application. Amendment be carried out forthwith. CIVIL APPLICATION CAS NO.518/2011 This is an application for raising additional ground to the second appeal. Though this application has been vehementally opposed by Mr. Kalar, I do not find any reason not to allow the appellant to raise additional ground in this second appeal. Hence this civil application is allowed. Amendment be carried out forthwith. JUDGE SMP.