MP 1 WP2265_11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2265 OF 2011 Mr. Dilip Bhaskar Deshpande ... Petitioner Versus Mr. Shashikant Raoji Afzalpurkar and others ... Respondents Mr. Rahul Kadam for Petitioner. Mr. T. D. Deshmukh for Respondents. CORAM : B.R. GAVAI, J. MONDAY, MARCH 28, 2011 P. C. : Rule. Rule made returnable forthwith. Heard by consent. 2. By way of present petition, the petitioner challenges the order dated 25th January 2011 vide which the learned Trial Court rejected the application filed by the present petitioner for amendment of the plaint and the order dated 3rd March 2011 vide which the application for review of earlier order came to be rejected. 3. Mr. Deshmukh, the learned Counsel for the respondent though fairly concedes that the affidavit in lieu of examination-in-chief is not yet filed, submits that the petitioner himself has not filed the affidavit in lieu of examination-in-chief even after a period of six months was lapsed from the date of framing of the issues. 4. In any case, it can be seen that the trial is yet to commence. MP 2 WP2265_11 In that view of the matter, the proviso to Order 6 Rule 17 of the Code of Civil Procedure would not apply in the facts of the present case. 5. From the perusal of the pleadings which are sought to be brought on record by way of amendment, it can be seen that the said averments are not unconnected with the matters already on record. 6. In that view of the matter, the application ought to have been allowed by the learned Trial Court. Insofar as the prejudice that is caused to the respondent is concerned, the same could be compensated by imposing costs. 7. In the result, the following order: 8. The impugned orders are quashed and set aside. 9. The application filed by the present petitioner for amendment of the plaint is allowed to be carried out within two weeks from today. However, the petition is allowed subject to costs which is quantified to Rs. 10,000/-. The costs to be deposited in the Trial Court within a period of two weeks from today. On deposit of the costs, the respondents would be entitled to withdraw the same. 10. The petitioner-plaintiff would file his affidavit in lieu of examination within a period of four weeks from today. The learned Trial Court would thereafter proceed with this matter expeditiously and dispose of the same within a period of six months from today. MP 3 WP2265_11 11. The learned Trial Court shall not allow any attempt at the instance of the present petitioner in prolonging the trial inasmuch as the injunction is operating against the defendants. Rule made absolute accordingly. (B.R. GAVAI, J)