1 36 caf.2302.09 ndm FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2302 OF 2009 IN FIRST APPEAL NO. 886 OF 2007 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. M.S.Lagu for the Applicants. Mr. Vijay Patil for Respondent No.1. CORAM : A.S.OKA, J. DATE : 17 th March, 2011. P.C. 1 Heard the learned counsel appearing for the Applicants and the learned counsel appearing for Respondent No.1. 2 Prayer clause (a) of this application for incorporating additional grounds in the appeal will have to be allowed. The question whether the Applicants can be allowed to agitate the additional grounds will depend on several factors. Tough prayer clause (a) is granted, the order of this Court should not be construed to mean that the Applicants are permitted to agitate the additional grounds. The Applicants will be entitled to agitate the additional grounds provided the documents mentioned therein are on the record of the trial Court and that the said documents 2 36 caf.2302.09 have been proved in accordance with law. 3 Subject to what is observed above, prayer clause (a) is granted. Amendment be carried out within a period of four weeks from today. As far as prayer clause (b) is concerned, the Applicants will have to apply under Rule 27 of Order XLI of the Code of Civil Procedure, 1908. Accordingly, permission is granted to file separate application as regards prayer clause (b). Application is disposed of in above terms. 4 Civil Application No. 6217 of 2007 shall be fixed for hearing on 19 th April, 2011. [ A.S.OKA, J ]