1 WP No.3910/11 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3910 of 2011 New Milind Co-op Housing Society Ltd. ... Petitioner versus Sadashiv Narayan Tilak and ors. ... Respondents ... Mr.Vivek Salunke for the petitioner. CORAM : D.G. KARNIK, J DATED : 24th June 2011 P.C. 1. This petition is directed against the order of the trial Judge rejecting the application of the petitioner for amendment of the plaint. 2. Plaintiff filed a suit against the land owner as well as the builder promoter for specific performance of an agreement of sale. The plaintiff who is a co-operative society for the flat holders, claims that the conveyance of the suit property be executed in its favour. Apprehending that the respondent no.2 was likely to submit plans to the municipal corporation of Greater Mumbai for further construction, the plaintiff made an application to the court for amendment of the plaint seeking to join Municipal Corporation as 2 WP No.3910/11 well as Reconstruction Board as parties to the suit. That application has been rejected. 3. Cause of action of the original suit of the plaintiff is the agreement of sale executed by defendant no.2 in favour of its members. That cause is entirely different than the one which the plaintiff seeks to add by means of an amendment by adding Municipal Corporation and Reconstruction Board as parties to the suit. If according to the petitioner, the respondent no.2 (original defendant no.2) has no right to submit the plans and if the Municipal Corporation has no right to pass the same, it is open to the petitioner to file a separate suit on that a cause of action which is different than the cause in the suit for specific performance. The trial Court therefore committed no error in rejecting the application for amendment. Writ Petition is rejected summarily. (D.G.KARNIK, J)