1 abs FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6288 OF 2009 ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mr. Sanjay Kshirsagar for the petitioners. Mr. Piyush Shah for the respondent no.1. Mr. S.D. Rayrikar, A.G.P. for respondent no.2. CORAM : D.G. KARNIK, J. DATE : 22ND JUNE 2010 P.C. : 1. Heard. 2. This petition is directed against the order dated 27th February 2009 passed by the 5th Joint Civil Judge, Senior Division, Pune rejecting the petitioners-plaintiffs’ application for amendment. 3. The suit for specific performance was filed by the petitioners-plaintiffs in the year 2 1984. The application for amendment was made on 16th February 2009. By the proposed amendment, the petitioners want to plead that the defendant Trust by misrepresentation and by making misleading statements got the petitioners’ application for permission made under section 36 of the Bombay Public Trust Act rejected at the hands of the Charity Commissioner. The application was rejected by the Charity Commissioner in the year 1984 (exact date of the order is not given by the counsel for the petitioners). The proposed amendment is sought to be made in the year 2009. If suit suit were to be instituted on the date of the application for amendment, it would be barred by limitation. As such the learned Trial Judge was right in rejecting the application. The writ petition is accordingly rejected summarily. (D.G. KARNIK, J.)