1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8830/2009 Pradeep Somchand Shah & Anr. Petitioners Vs. Anandrao G.Suryavanshi & Ors. Respondents Mr.P.B.Shah for the petitioners CORAM: MRS.MRIDULA BHATKAR,J. DATE : 4th NOVEMBER,2009. P.C. . This petition is filed challenging the order passed by Jt.C.J.S.D.,Pune dated 29/7/2009 rejecting the application of the petitioners/original plaintiffs for amendment in the plaint . 2] The learned counsel for the petitioner has relied upon the following rulings. 1] Pankaja and Another Vs.Yellappa (Dead) by Lrs.and others ,(2004) 6 Supreme Court Cases,415. 2] Puran Ram Vs. Bhaguram and Another (2008)4 Supreme Court Cases ,102. 3] In Pankaja and another (supra) the Hon’ble Supreme Court has held that even where the relief sought 2 to be added by the amendment is allegedly barred by the limitation there is no absolute rule that amendment in such a case should not be allowed. However, in the present case besides limitation it will cause prejudice to the defendants and will also change the nature of the suit. Hence this ruling is distinguishable . 4] The finding given by the learned Civil Judge,S.D. That the additional relief sought based on the agreement dated 17/7/1972 is time barred and will change the nature of the suit is correct. It is correctly held that it will cause prejudice to the other side. Hence the order of rejection of the amendment is not erroneous . No interference is required. Dismissed. (MRS.MRIDULA BHATKAR,J.)