-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO. 307 OF of 2009 WITH NOTICE OF MOTION NO.2787 OF 2009 IN CHAMBER SUMMONS NO. 217 OF 2009 IN SUIT NO. 1218 OF 2006 Kishinchand Lilaram Lalwani ...Appellant versus Lilaram Ladharam Lalwani and others ...Respondents Mr. Y.S. Bhate, instructed by Mr. D.R. Shah, for the appellant. Ms. K.C. Nichani for respondent No.1. CORAM: P.B. MAJMUDAR & R.V. MORE, JJ. DATE: DECEMBER 05, 2009. P.C. Heard the learned counsel for the appellant. In our view, the impugned order by which the learned single Judge has permitted amendment is not required to be interfered with in the present appeal as the learned single Judge found that the trial has not commenced. However, granting amendment should not mean that the claim can be said to have been proved as the plaintiff will have to prove his case in accordance with law. Subject to the same Appeal as well as the Notice of Motion are dismissed. P. B. MAJMUDAR, J. R.V. MORE, J.