-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Writ Petition No.8461 of 2007 1. Smt.Subhadrabai Shivaram Parab and others ..Petitioners vs. 1. Shankar Keshav Vaigankar and another ...Respondents Shri M.D.Parab for petitioners Shri A.G.Kundehar for respondents. CORAM: S.C.DHARMADHIKARI J. CORAM: S.C.DHARMADHIKARI J. CORAM: S.C.DHARMADHIKARI J. 29th February, 2008 29th February, 2008 29th February, 2008 P.C. P.C. P.C. 1. The original plaintiffs/petitioners before me are aggrieved are aggrieved by the fact that the Trial Court has not taken up the application for amendment filed in subject civil suit for hearing. It is their case that Reg.Civil Suit No.27 of 2001 is filed by them against the respondents who are the original defendants. An application for amendment was filed and when the application was filed under the misconception the say below the same was given that it may be heard along with the suit. Therefore, the Trial Court directed that the main application be heard along with the civil suit. Lateron the plaintiffs realised their mistake and they prayed that the said order be recalled and -2- amendment application be heard. Such an innocuous application has been rejected by the Trial which has necessitated the petitioners filing this writ petition under Article 227 of the Constitution of India. Time and again it is held that the procedural provisions are incorporated so as to render justice and not defeat the same. The Trial Court would have been well advised in taking up the application for amendment and dispose of the same rather than wasting its time on whether the earlier order should be recalled or not. All such steps delay the proceedings. Court should not by its act be a cause for delay. In such circumstances, the order under challenge is quashed and set aside. The application for amendment preferred by the petitioners in subject civil suit shall now be taken up (Exh.79) and dispose of the same as expeditiously as possible and within a period of four weeks from the date of appearance of the parties. Both sides to appear in the Trial Court on 17th March, 2008. The petition is allowed in the above terms. (S.C.DHARMADHIKARI J.) (S.C.DHARMADHIKARI J.) (S.C.DHARMADHIKARI J.)