:1: :1: :1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1723 OF 2008 Mrs.Leela Gaur .. Petitioner. Vs. M/s.Sukumar Estates Pvt. Ltd. .. Respondent. Mr.P.S.Dani for the petitioner. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 19TH MARCH, 2008. DATED : 19TH MARCH, 2008. DATED : 19TH MARCH, 2008. P.C.: P.C.: P.C.: . Heard learned counsel for the petitioner. 2. By this writ petition the petitioner has impugned an order dated 5.1.2008 by which the application at Exhibit-35 seeking amendment of the plaint has been allowed. Mr.Dani, learned counsel for the petitioner invited my attention to the judgment of the Supreme Court in Siddalingamma Vs. Siddalingamma Vs. Siddalingamma Vs. Mamtha Shenoy 2001(8) SCC 561 Mamtha Shenoy 2001(8) SCC 561 Mamtha Shenoy 2001(8) SCC 561 and contended that the trial Court while allowing the application for amendment ought to have observed that the amendment shall not relate back to the date of the suit and kept the issue of limitation open. I do not deem it appropriate to entertain this petition, it being against the interlocutory order and that the amendment has already been carried out. In my :2: :2: :2: opinion, this writ petition can be disposed of by giving an oppportunity to the petitioner to raise all the contentions that are raised in the instant petition. Order accordingly. If such contentions are urged, the same may be considered by the trial Court on merits in accordance with law at the stage of final arguments in the suit. The trial Court may frame an issue of limitation. With these observations the writ petition is disposed of. All the contentions of the parties are kept open. While granting this liberty I shall not be understood to have expressed any opinion on merits of the case. (D.B.BHOSALE, J.) (D.B.BHOSALE, J.) (D.B.BHOSALE, J.)