1 Ash FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1537 OF 2010 Office Notes, Office memorandum of Coram, appearances, Court’s Court’s or orders or directions & Judge’s orders. Registrar’s orders. Shri Udaipuri i/by M/s. Udaipuri & Co. for the Petitioners. Shri K.Y. Mandlik for the Respondent. -- CORAM : A.S.OKA, J. DATE : 4TH MARCH, 2010 P.C.: . Heard learned counsel appearing for the Petitioners. The Petitioners are the Defendants in a suit for eviction filed under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947. The Respondent is the Plaintiff-Landlady. An application for amendment of the Plaint was made by the Respondent which has been allowed by the impugned order. By the amendment, additional ground for eviction is sought to be introduced. By the amendment, it is contended that the daughter of the Respondent who is unmarried intends to come back from Canada and settle in Mumbai and the suit premises are needed to accommodate her. Second ground which is sought to be added is that the 2 Respondent is suffering from various ailments and even her husband is suffering from the ailments and considering the availability of medical facilities, they want to settle down in Mumbai and therefore, they need the suit premises. The said amendment has been allowed by the impugned order. 2. Learned counsel appearing for the Petitioners submitted that the proposed amendment changes the nature of a suit. 3. In a pending suit for eviction, by the amendment, bona fide need is sought to be pleaded based on the events which have taken place during the pendency of the suit. Therefore, the amendment will not change nature of the suit. In fact the amendment can be permitted with a view to avoid multiplicity of proceedings. The Petitioner can always file an additional written statement dealing with the amended plaint. 4. No case for interference is made out in writ jurisdiction. The Petition is rejected. 5. If additional Written Statement is not filed, the 3 Petitioners shall file the same within a period of eight weeks from today. 6. Learned counsel appearing for the Petitioners prays for continuation of the stay to the impugned order. The prayer is rejected. (A.S.OKA, J)