1 wp6552.10.sxw ast IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6552 OF 2010 Shri Nivrutti Fakira Bhandure & Anr. ..Petitioners. Vs. Shri Prasad Gopinath Thorat. ..Respondent. Mr. Suresh M. Sabrad, advocate for petitioners. CORAM : B.R.GAVAI, J. DATE : MARCH 10, 2011. P.C. 1. By the present Petition, the Petitioners challenge the order dated 11 th December, 2009 vide which, the application filed by the Respondent/ Plaintiff for amendment of the plaint came to be allowed. 2. The Respondent Plaintiff has filed application for amendment of the plaint so as to change the date in the pleadings from 6 th February, 2007 to 3 rd February, 2007. The same is allowed. Hence, the present Petition. 2 wp6552.10.sxw 3. Shri Sabrad, learned advocate appearing on behalf of the Petitioners submits that the learned trial Court having rejected the application for temporary injunction and after the same being confirmed by this Court, the Plaintiff has filed application only to cure lacuna in the plaint. He further submits that the documents in question has been found by the Court below to be suspicious. He therefore, submits that the amendment in those circumstances, ought not have been allowed. 4 Admittedly, the issues are yet to be framed and as such, trial is yet to be commenced. In that view of the matter, proviso to Order 6 Rule 17 of the CP.Code could not be applicable to the facts of the present case. 5 The learned trial Court has exercised the discretion in grant of amendment. Unless the said discretion is found to be perverse, it will not be permissible for this Court to interfere with the same. No perversity is noticed to warrant interference in the order passed by the trial Court. In any case, the Petitioners would have an opportunity either to amend the 3 wp6552.10.sxw Written Statement or to file additional Written Statement and raise ground regarding genuineness of the document in question. The Petition is therefore, rejected with aforesaid observations. [ B.R.GAVAI, J ]