IN THE HIGH COUT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7642 OF 2009 Vijay Tukaram Raundal .. Petitioner Vs. Uday Ramnath Wagh .. Respondent Mr. A.Y. Sakhare, Sr. Counsel, i/b. M/s. YKS Legal for the Petitioner. None for the Respondent. CORAM : A.S. OKA, J. DATE : 30 TH SEPTEMBER, 2009. P.C. : 1. Heard learned Counsel appearing for the petitioner. 2. The petitioner is the defendant in a suit filed by the first respondent. The first respondent filed the money suit against the petitioner in the year 2007. An application for amendment of the plaint was made by the first respondent on 26th August, 2008. By the said amendment, a prayer was made for impleading M/s. Vijay Construction, a partnership firm, as the defendant and for showing the name of the petitioner and his partner as the partners of the defendant-firm. The said amendment has been allowed notwithstanding the opposition of the petitioner. 3. I have heard the submissions of the learned Counsel appearing for the petitioner. His main contention is that a time barred amendment has been permitted by the trial court. 4. I have carefully considered the submissions. The effect of the impugned order is that a partnership firm, of which the petitioner is allegedly a partner, has been permitted to be impleaded as a defendant in place of the petitioner and in the cause title, the petitioner alongwith one Tukaram have been permitted to be shown as partners of the defendant-firm. It is well settled that even if amendment is allowed, the issue of limitation always remains open and it will be open for the petitioner in his capacity as the partner of the defendant-firm to file written statement raising objections including the objection regarding bar of limitation. While considering the plea of bar of limitation, if any, the trial court is bound to consider the effect of Sub-rule 5 of Rule 10 of Order I of the Code of Civil Procedure, 1908. 5. Subject to what is observed above, no case for interference is made out. The Writ Petition is rejected. 6. If the newly added defendant has not filed written statement, the same can be filed within a period of six weeks from today. A.S. OKA, J.