bsb IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO. 70 OF 1993 PETITION NO. 70 OF 1993 PETITION NO. 70 OF 1993 Ganpati Babu Patil ... Petitioner v/s Mathubai Antu Patil & ors. ... Respondents Mr.Bhushan A. Walimbe for the petitioner. Mr.T.S.Ingale for Respondent Nos.2 and 4. CORAM: CORAM: CORAM: SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. DATED: DATED: DATED: 12TH NOVEMBER, 2008 12TH NOVEMBER, 2008 12TH NOVEMBER, 2008 P.C. P.C. P.C.: 1. The petition has been filed against the order passed by the Civil Judge, Jr.Divn., Islampur on 19.10.1992, disallowing the petitioner’s application for amending the plaint. The Trial Court has allowed part of the application and has permitted the plaintiff to change the age of defendant No.2, which was shown 16 years instead of 27 years. In respect of the other amendment, the Trial Court has held that the plaintiff ought to have taken the plea much earlier when the suit was filed in the year 1981 and not 11 years thereafter. 2. The amendment sought by the plaintiff was to the effect that the all the holdings of the joint family of 2 the petitioner and respondent Nos.5 and 6 exceed 8 acres and, therefore, the suit transactions were hit by the provisions of Maharashtra Settlement of Project Displaced Persons Act, 1976. It was claimed that the suit transactions itself were void ab-initio. 3. In my opinion, no prejudice would be caused to the respondents if the application for amendment is allowed. The respondents would always have a right to reply to the contentions raised in the amended plaint. No new case has been made out by virtue of the amendment and, therefore, in my view, the Trial Court fell in error in disallowing the amendment. 4. The petition is, therefore, allowed. Rule made absolute. No order as to costs. 5. The petitioner shall amend the plaint within two weeks from today. Parties to act on the authenticated copy of this order.