:1: :1: :1: FARAD CONTINUATION SHEET IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT PETITION NO. 1078 OF 2008 -------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court’s orders Court’s or Judge’s or directions and Registrar’s Orders Orders -------------------------------------------------------------------------- Mr.R.A.Thorat and Mr.P.J.Thorat, Adv. for the petitioners. Mr.Shailesh Shah with Ms.Nipa Singh i/by. M/s. Mahesh Menon & Co. for Respondents. CORAM: S.C.DHARMADHIKARI, J. DATED: 16TH FEBRUARY,2008. P.C. P.C. P.C. : : : 1. There is no reason to interfere at this stage. The order under challenge is inter-locutory. If the final order in the suit is adverse to the petitioner, then, while impugning the same, the petitioner can raise appropriate pleas not only with regard to the power of the court to permit an amendment, but, also the consequences flowing therefrom. It :2: :2: :2: would be open for the petitioner to urge that the Small Causes Court has no jurisdiction and such an argument can be raised even when the suit is being tried. Keeping such contentions open for both parties, the present petition is disposed off. 2. However, with consent of parties,the order insofar as it permits amendment to the Affidavit-in-lieu of examination-in-chief filed by the Original Plaintiff, that part,is quashed and set aside with liberty to the original Plaintiff to lead evidence independently and prove the amended pleas. With this modification and liberty, petition dismissed. No costs. sd/- ******