1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 1226 OF 2009 Kakasaheb s/o Rangnath Farkade, Age 42 yrs., Occu. Business, R/o. N-11, C-5 Dwarkanagar, Hudco, Aurangabad. ....Petitioner. Versus Pushpa w/o. Shrikrishna Joshi, Age 40 yrs., Occu. Household, R/o. Priyadarni Colony, Pushpshri Bungalow, Nageshwarwadi, Aurangabad. ....Respondent. Shri. R.A. Kolte, Advocate for petitioner. Shri. A.S Bajaj, Advocate for respondent. CORAM : R.K. DESHPANDE, J. DATE : 28th June 2010. ORAL JUDGMENT : 1. This writ petition challenges the order dated 17.11.2008 passed below Exh. 18 by the learned 7th Joint Civil Judge, Junior Division, at Aurangabad, rejecting the application for amendment filed in Special Civil Suit No. 228/2007 by the petitioner who is original plaintiff. 2 2. Notice in this matter was issued on 27.2.2009. In response to the same, Shri. Bajaj, learned counsel appears for the respondent. By consent of the learned counsel for the parties, the matter is taken up for final hearing. Hence, Rule, made returnable forthwith. Shri. Bajaj, learned counsel waives service of notice for respondent sole. 3. From the order dated 17.11.2008, passed by the Trial Court, rejecting the application for amendment, it seems that the Trial Court has gone in to the merits of the averments made in the application. The same cannot be sustained. The averments have to be considered as it is. After going through the application for amendment and the copy of the plaint, it is apparent that the amendment as proposed is within a period of limitation, seeking the relief of specific performance of contract. Hence, the Trial Court has wrongly rejected the said application. 4. In the result, the instant writ petition is allowed. The order dated 17.11.2008 passed by the Trial Court is quashed and set side. Application, Exh. 18, filed in Special Civil Suit No. 228/2007 for amendment of the plaint is allowed. Rule is made absolute in the aforesaid terms. No order as to costs. [ R.K. DESHPANDE, J. ] ssc/wp1226.09