1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.14 OF 2009 IN CHAMBER SUMMONS NO.635 OF 2008 IN SUIT NO.1450 OF 1999 M/s Creation and anr. ...Appellants v/s Mahendra M. Sanghavi and others ...Respondents Mr N. Amodi i/b Mr S.T. Manek for Appellants. Mr Engineer i/b M/s Thakore Jariwala and Associates for Respondents. CORAM : D.K. DESHMUKH AND R.S. MOHITE JJ. DATE : 29TH JUNE 2009. 2 P.C. :- 1] Heard learned counsel for both the sides. The grievance of the appellants is that while allowing amendment in the plaint, the learned Single Judge has recorded a finding that the plea raised by way of amendment is not barred by the law of limitation. The finding recorded by the learned Single Judge is a prima facie finding recorded only for the purpose of allowing the amendment. The question of limitation remains open and the learned Single Judge who will be deciding the suit on merit will be free to take different view, if warranted, on the basis of material produced on record. Appeal is disposed off. Parties to act on the copy of this order duly authenticated by the Associate / Private Secretary of this Court. Certified copy expedited. ( JUSTICE D.K. DESHMUKH ) ( JUSTICE R.S. MOHITE )