1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO.613 OF 2009 WITH CIVIL APPLICATION NO.314 OF 2009 IN CIVIL REVISION APPLICATION NO.613 OF 2009 Vinayak Keshav Abhyankar & Ors. .... Applicants Vs. Pramod Anant Abhyankar & Ors. .... Respondents Shri A.B. Ketkar for the Applicants. Shri P.R. Kadam for the Respondents. CORAM: R.C. CHAVAN, J. DATED: JUNE 23, 2010 P.C: This revision is directed against an order passed by the learned Civil Judge, Senior Division, Ratnagiri allowing the plaintiff/ first respondent's application for amendment to the plaint. By this amendment, the plaintiff has sought to overcome the defects in respect of getting partition of the properties of the partnership firm on account of its non- registration. Basically, the suit was for partition of the family property. The learned trial Judge after considering the reply of the applicants, that is the original defendants, 2 allowed the application for amendment. I have heard both the learned counsel for the parties. The amendment does not change the nature of the suit. It, in fact, seeks to only explain as to how the plaintiff would still be entitled to seek partition. Therefore, it cannot be said that the learned trial Judge erred in allowing the amendment. As to the ground that the amendment introduces in the plaint a time barred cause of action, the applicants/defendants would always be entitled to file an appropriate additional written statement or amend their written statement and raise appropriate ground on which the learned trial Judge would frame appropriate issue as to limitation and then decide it. In view of this, the revision application is disposed of. The applicants would be at liberty to amend the written statement and raise appropriate pleadings in reply to the amended plea taken up by the plaintiff. The learned trial Judge would expedite the hearing of the suit. In view of disposal of the revision application, Civil Application No.314 of 2009 also stands disposed of. (R.C. CHAVAN, J.)