jpc 1 wp8812-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO. 8812 OF 2011 Samson David Anthony ... Petitioner Versus Austin Marcus Gracias and others ... Respondents Mr. Akhilesh Upadhyay for the petitioner Mr. Jokhim Rais a/w Ms. Martina Sapkal and Mr. Reetesh Singh i/by Arun Sapkal & Co. for the respondents CORAM: R. M. SAVANT, J. DATED : 8th December, 2011 P.C. : 1. The above petition takes exception to the order dated 21st July, 2011 passed by the learned Judge, City Civil Court, Dindoshi, by which order an application for amendment of the plaint has been rejected. 2. By the proposed amendment, the plaintiff wants to amend the suit bearing Short Cause Suit NO. 222 of 2008, as originally filed by the plaintiffs in his personal capacity to one filed on behalf of the Association. However, in the Chamber Summons, the cause title shows the name of the plaintiff as President, Holy Cross Association Charkop and by the proposed amendment, amendment is sought to join the Holy Cross Association as the Plaintiff. jpc 2 wp8812-11.sxw 3. Apart from the said fact, it is required to be noted that interim injunction application filed by the petitioner by way of Notice of Motion was rejected by the Civil Court on the ground that though the plaintiff claims that he has been authorized by the said Association, no such resolution has been produced and hence, by the proposed amendment, the plaintiff wants to place on record the resolution passed. Why the resolution could not be placed on record earlier has not been explained by the plaintiff. The trial Court, in the aforesaid two circumstances, has observed that the amendment, if allowed, would change the nature of the suit and since the genuineness of the resolution, on account of the aforesaid fact, is also doubtful, the amendment could not be permitted. 4. Having considered the reasons mentioned by the trial Court in rejecting the said application, in my view, they are unexceptional in the facts and circumstances of the present case and do not merit any interdiction at the hands of this Court in its writ jurisdiction under Article 227 of the constitution of India. The Writ Petition is accordingly dismissed. (R. M. SAVANT, J.)