1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3841 OF 2007 Sanjay @ Ganesh Ramchandra Nalawadkar (Kulkarni) .. Petitioner Versus Smt.Jyoti Shrikant Nalwadkar (Kulkarni) & Ors. .. Respondents Mr.Rameshwar Gite for petitioner Mr.S.S.Kulkarni for respondent Nos. 1 to 4 CORAM : S.C.DHARMADHIKARI, J. DATE : 25th March 2008 P.C. . The application for amendment preferred (Exh.91) by the present petitioner who is original plaintiff has been rejected. 2. Mr.Kulkarni appearing for the contesting defendants urges that the amendment in a suit which is filed after the C.P.C. and more particularly Order 6 Rule 17 therein was amended. 2 Therefore, it was incumbent upon the petitioners to satisfy the trial court as to how the amendment application could have been considered and granted, more so, when the evidence of the petitioner is over and that of the contesting defendants is underway. That apart, his plea is that the application for amendment incorporates a time barred claim. The claim is ex facie time barred. 3. Mr.Gite appearing for petitioner plaintiff invites my attention to the order passed by the courts below and contends that the suit is filed in the year 2001. Secondly, amendment application has not been rejected on the ground that the claim of plaintiff is time barred. 4. A perusal of the order passed by the Court below would indicate that the court has not applied its mind to all the pleas and more 3 particularly, whether the claim of plaintiff is time barred and, therefore, amendment could have been rejected straightway or that the plea could have been kept open. However, the court below has not applied its mind as to whether the amended C.P.C. would govern or not. Without expressing any opinion on the rival contentions, it will be in the interest of justice, if application (Exh.91) is restored to the file of trial court and re-heard. Accordingly, the impugned order is quashed and set aside. Application (Exh.91) is restored to the file of trial court. The same shall be re-heard without being influenced by any earlier observations and strictly in accordance with law. All parties to appear before the trial court on 8th April 2008 and the trial court shall endeavour and dispose of the application on or before 5th May 2008. Petition disposed of accordingly. All concerned to act on an authenticated copy of this order. 4 (S.C.Dharmadhikari, J)