FARAD CONTINUATION SHEET NO.: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE WRIT PETITION NO.4665 OF 2007 ------------------------------------:---------------------------------- Office Notes, Office Memoranda of : Court’s or Judge’s orders. coram, appearances, Court’s orders : or directions and Registrar’s : orders. : ------------------------------------:----------------------------------- Mr P.J.Thorat, for the petitioner. Mr S.K.Shinde, for respondent nos 1 and 2. CORAM: D.B.Bhosale,J. DATED: 13.03.2008 P.C.: Heard learned counsel for the parties. This petition is directed against an order dated 11.4.2007, by which the trial Court has allowed the application at Exhibit-93 in Regular Civil Suit No.200 of 2000 filed by the respondents-plaintiffs under Order VI, Rule 17 of the Code of Civil Procedure seeking amendment of the plaint. The trial Court has allowed the application with costs and has directed the plaintiff to carry out the amendment within 17 days. This Court is informed that the plaintiff has already carried out the amendment and the cost has also been paid to defendant no.3. Keeping that in view and considering the overall facts and circumstances of the case, I am not inclined to interfere with the order impugned in the present writ petition and I am satisfied that the interest of justice would be made if all contentions of the petitioner are kept open to be raised in the event the suit is decreed against him in the further proceedings. Hence, I dispose of the writ petition by the following order: (a) It is open for the petitioner to challenge the impugned order in appeal in the event the suit is decreed against him. All contentions of the parties are kept open. It is needless to express that if an issue of limitation is raised, the trial Court shall consider the same on merits. It is made clear that the amendment allowed would be subject to limitation. With these observations, the writ petition is disposed of. Interim relief, if any, stands vacated. (D.B.Bhosale, J.)